IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7951 of 2011 CRIME NO.1546 OF 2011 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER : ACCUSED: ------------------------------ KUMAR, AGED 44 YEARS, S/O.BHANU, VISHNU BHAVAN, KAMUYKINKODU, KODAKKAVILA.P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT: ------------------------- THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION IN THIRUVANANTHAPURAM THROUGH STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7951 of 2011 ------------------------------------------------------ Dated this the 13th day of October, 2011 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.1546 of 2011 of Neyyattinkara Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 452, 294(b), 427, 341 and 323 of the Indian Penal Code. 3. When the Bail Application came up for admission on 3rd October, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner Bail Appl. NO.7951 of 2011 :: 2 :: 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 7th and 8th October, 2011. 5. Post on 13th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1546 of 2011 of Neyyattinkara Police Station, till 18th October, 2011. 7. 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 3rd October, 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 3rd October, 2011 has been Bail Appl. NO.7951 of 2011 :: 3 :: 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 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/