IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9173 of 2011() ----------------------------- CRIME NO.358/2011 OF BADIYADKA POLICE STATION, KASARAGOD PETITIONER/ACCUSED NO.1 -------------------------------------- MOIDEEN KUNHI @ MOINHI, S/O. MOOSA, PERDALA.P.O., BADIADKA, KASARAGOD DISTRICT. BY ADV. SRI.I.V.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (S.H.O. OF BADAIDKA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9173 of 2011 --------------------------- Dated this the 2nd day of December, 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 the first accused in Crime No.358 of 2011 of Badiyadka Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 341, 294(b), 323, 324 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 21.11.2011, the following order was passed : “3. The prosecution case is the following : The petitioner is the accused in a murder case. The de facto complainant is the main witness in that murder case. The de facto complainant was attacked by the petitioner with iron rod. BA 9173/11 2 4. The learned counsel for the petitioner submitted that on 20.10.2011, the petitioner was stabbed by the de facto complainant in the present case and Crime No.361 of 2011 was registered against the present de facto complainant. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case and the nature of the offences, 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 26.11.2011 and 27.11.2011. 7. Post on 2.12.2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.358 of 2011 of Badiadka Police Station, till 4.12.2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. BA 9173/11 3 The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 21.11.2011 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 21.11.2011 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/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : BA 9173/11 4 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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