IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6599 of 2011() ----------------------------- AGAINST THE ORDER IN BA.2081/2011 Dated 23/03/2011 CRIME NO.73 OF 2011 OF THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DT. .................... PETITIONER/ACCUSED: -------------------- C.SREEKUMAR, AGED 26 YEARS S/O.CHANDRASEKHARAN NAIR, SREEBHAVANAM, MAHADEVIKADU MURI, KARHTIKAPPALLY, ALAPPUZHA. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): --------------- STATE OF KERALA REP BY SUB INSPECTOR OF POLICE THRIKKUNNAPPUZHA POLICE STATION CRIME NI.73 OF 2O11 OF THRIKKUNNAPPUZHA POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6599 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.5 in Crime No.73 of 2011 of Thrikkunnapuzha Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 323, 324, 307 and 120-B of the Indian Penal Code. 3. The date of occurrence was on 8.3.2011. 4. When the Bail Application came up for admission on 24th August, 2011, the following order was passed: “4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that even if all the materials are B.A. No.6599 OF 2011 2 taken into account, the complicity of the petitioner in the Crime is not established. 5. 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 petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 27th and 28th August, 2011. 6. Post on 2nd September, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.73 of 2011 of Thrikkunnapuzha Police Station, till 5th September, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 24th August, 2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact B.A. No.6599 OF 2011 3 that the direction in the order dated 24th August, 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 the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday, till the final report is filed; 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. f) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A. No.6599 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms