IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9343 of 2011() ----------------------------- CRIME NO.1222 OF 2011 OF FORT POLICE STATION, THIRUVANANTHAPURAM --------------- PETITIONER/IST ACCUSED ------------------------------------------ ANOOP, S/O.MAHEEN, AGED 18, T.C.40/1669, A.A.HOUSE, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695001. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.9343 of 2011 ---------------------------------------------- Dated this the 9th day of December, 2011 ORDER 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.1222 of 2011 of Fort Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 452, 506(ii) and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 28th November, 2011, the following order was passed: “3. The prosecution case is that on 10/10/2011 at 4.15 P.M., the accused persons along with 14 identifiable persons forcibly entered into the bakery run by the de facto complainant and damaged the panes and other articles in the bakery, causing a loss of Rupees Five thousand to the de facto complainant. The petitioner and the other accused are students. B.A.No. 9343 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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 04/12/2011 and 05/12/2011. 6. Post on 09/12/2011 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1222 of 2011 of Fort Police Station, Thiruvananthapuram, till 12/12/2011. 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.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 28th November, 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 28th November, 2011 B.A.No. 9343 OF 2011 3 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 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9343 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms