IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1856 of 2010 CRIME NO.170 OF 2010 OF NILAMBUR POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ NAJEEB P.A., AGED 28 YEARS, S/O.ALI, PANOLI HOUSE, AMBUTTANPOTTY, BHOODANAM P.O., CHUNGATHARA AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CR.NO.170 OF 2010 OF NILAMBUR POLICE STATION). PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1856 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 2010 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 second accused in Crime No.170 of 2010 of Nilambur Police Station. 2. The offences alleged against the accused are under Sections 341, 294(b) and 353 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.3.2010, the accused persons committed the offence and wrongfully restrained the Medical Officer of the Taluk Head Quarters Hospital, Nilambur. It is submitted that the overt acts alleged against the petitioner do not really constitute the offence under Section 353 of the Indian Penal Code. It is not necessary to decide that question in this Bail Application. However, taking into account the facts and circumstances of the case, the nature of the allegations levelled against the petitioner and the overt acts alleged against the B.A. NO. 1856 OF 2010 :: 2 :: petitioner, I am of the view that anticipatory bail can be granted to the petitioner. 4. 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 Rs.15,000/- 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 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 ahz/