IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1356 of 2010 CRIME NO.23 OF 2010 OF KOYILANDY POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- MR.SAMEER, AGED 22 YEARS, S/O.MOIDEEN, VALIYAKANDATHIL HOUSE, NADERI AMSOM, MOZHIKKUMEETHAL DESOM, KOYILANDY TALUK. (RESIDING WITHIN THE KOYILANDY POLICE STATION LIMITS). BY ADV. SRI.C.VIVEK RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1356 OF 2010 ------------------------------------------------------ Dated this the 29th 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 accused in Crime No.23 of 2010 of Koyilandy Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 452, 354 and 506 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 10.3.2010, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 17th and 18th March, 2010. B.A. NO. 1356 OF 2010 :: 2 :: It is submitted by the learned Public Prosecutor that the investigating officer will make every endeavour to see that the father of the de facto complainant also makes appearance either on 17th or 18th so that the possibilities of an amicable settlement could be thought of. Post on 24.03.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.23 of 2010 of Koyilandy Police Station, Kozhikode District. The petitioner shall produce 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 10.3.2010 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 10.3.2010 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted B.A. NO. 1356 OF 2010 :: 3 :: 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 Rs.10,000/- 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 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 ahz/