IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3555 of 2009 CRIME NO.121 OF 2009 OF EDAKKAD POLICE STATION, KANNUR DISTRICT PETITIONER/ACCUSED -------------------------------------- A.DINESHAN NAMBIAR,AGED 48 YEARS, MEMBER KADAMBOOR GRAMA PANCHAYATH, S/O.C.V.CHANDUKUTTY NAMBIAR,RESIDING AT MAMBATH HOUSE,KADAMBOOR AMSOM, DESOM,P.O.EDAKKAD, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT: COMPLAINANT & STATE ---------------------------------- S.H.O.EDAKKAD POLICE STATION,REP.BY THE PROSECUTOR,THALASSERY(THROUGH PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT,ERNAKULAM). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3555 OF 2009 ------------------------------------------------------ Dated this the 16th July, 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 the accused in Crime No.121 of 2009 of Edakkad Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 332, 341 and 448 of the Indian Penal Code. 3. I have perused the case diary. 4. The de facto complainant is a Village Officer. The petitioner/ accused is a member of a grama panchayat. The allegation is that the accused insisted that the de facto complainant should consider the application of a candidate for the B issue of some certificates, as recommended by the accused. The de facto complainant did not comply with. Thereupon, the accused manhandled him. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I B.A. NO. 3555 OF 2009 :: 2 :: 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 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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/