IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1461 of 2010() --------------------------------------- CRIME NO.119/2009 OF THUMBA POLICE STATION. PETITIONER (1ST ACCUSED): -------------------------------------------- RAJAN, S/O.KRISHNAN, KRISHNA SREE, PUTHUVAL, MANACAUD, KULATHOOR, THIRUVANANTHAPURAM. BY ADV. SMT.SHAHNA KARTHIKEYAN RESPONDENT (COMPLAINANT): ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1461 of 2010 ------------------------------------ Dated this the 7th day of April, 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 accused No.1 in Crime No.119/2009 of Thumba Police Station. 2. The offences alleged against the petitioner are under Sections 447, 341, 324, 326 and 308 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23/03/2010, the following order was passed: “The learned counsel for the petitioner submitted that the de facto complainant had filed a petition before the investigating officer on 22.6.2009 stating that the petitioner had not attacked him and that the name of the petitioner was mentioned to the police by some other persons deliberately. In the facts and circumstances of the case, the learned counsel for the petitioner submitted that before considering the Bail Application, the petitioner may be permitted to appear before the investigating officer. It is also submitted that the de facto complainant also may be directed to appear before the investigating officer B.A. No. 1461/2010 2 on those days, so that it would be clear whether the petitioner was involved in the offence. The request is reasonable. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 26.3.2010 and 27.3.2010. The petitioner shall produce a copy of this order before the investigating officer. Post on 5.4.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.119 of 2009 of Thumba Police Station. The investigating officer will take steps to see that the de facto complainant is also present before him either on 26th or on 27th March, 2010. ” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 23/03/2010. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 B.A. No. 1461/2010 3 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 scm