IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2892 of 2009() --------------------------------------- CMP.1083/2009 of ADDL.SESSN.COURT (ADHOC-II)KASARAGODE CR. NO.28/2006 OF BEDAKAM POLICE STATION, KASARAGOD DT. .................... PETITIONER/ACCUSED: ----------------------------------- BALAN, AGED 52 YEARS, S/O. CHANDU NAIR, R/AT THEKKEKARA HOUSE, MUNNAD VILLAGE AND POST, KASARGOD TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT: -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2892 of 2009 ------------------------------------ Dated this the 3rd day of June, 2009 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. 3 in Crime No.28/2006 of Bedakam Police Station. 2. The offence alleged against the petitioner is under section 409 of the Indian Penal Code. 3. The petitioner filed Criminal M.P. No.621/2009 on the file of the Court of Sessions under Section 438 of the Code of Criminal Procedure. It was disposed of as per Annexure A order dated 2/04/2009. Operative portion of the order reads as follows: “ In the result, petition is disposed-off granting the petitioner 1 (one) week's time to surrender before the concerned court and seek regular bail. If during the said period of one week, he is arrested by the respondent, he shall be released on condition that he B.A. No. 2892 /2009 2 shall execute a bond with two solvent sureties for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the satisfaction of the Judicial First Class Magistrate concerned. It is made clear that the request for bail by the petitioner shall be considered by the court below on merit and pass appropriate orders.” 4. The petitioner did not surrender before the court within one week. His case is that he was suffering from Chickenpox during the relevant period. The petitioner filed Criminal M.P. No.1083/2009 before the Sessions Court for extension of the period fixed for surrender. That application was dismissed as per order dated 30/04/2009. 5. The Sessions Court issued a direction in the manner indicated above and the petitioner could not comply with the same as he was suffering from Chikenpox. Learned counsel for the petitioner submitted that in the nature of allegations made against him and in the nature of contentions put forwarded, he is entitled to get an order for anticipatory bail . B.A. No. 2892 /2009 3 6. 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 petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- 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 all 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. B.A. No. 2892 /2009 4 F) 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