IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 7804 of 2011() ----------------------------- CRIME NO.1006/2011 OF KORATTY POLICE STATION, THRISSUR PETITIONER (S): 1ST ACCUSED ----------------------------------- SUNIL KUMAR.K.M., S/O.MADHAVAN, AGED 38 YEARS RESIDING AT KUNJUVALAPPIL HOUSE KATHIKKUDAM PO, THRISSUR DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7804 of 2011 --------------------------- Dated this the 24th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1006 of 2011 of Koratty Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12.10.2011 along with B.A.No.7809 of 2011, the following common order was passed : “3. It is submitted that the petitioners and several others in the locality were making peaceful agitation against the functioning of a factory. It is alleged that the effluent discharged from the factory causes great inconvenience to the neighbouring people. It is submitted that the petitioners and BA 7804/11 2 others were protesting against the discharge of obnoxious effluent in the river and the neighbouring area. 4. The allegation in the present case is that the petitioners attacked the employees of the factory and caused injuries to them. 5. The learned counsel for the petitioners submitted that the employees of the factory attacked the agitators and Crime No.1007 of 2011 was registered in respect of that offence. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18th and 19th October, 2011. 7. Post on 24th October, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1006 of 2011 of Koratty Police Station, till 28th October, 2011. BA 7804/11 3 9. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 12.10.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.10.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer BA 7804/11 4 concerned, subject to the following conditions : A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required ; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl