IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 5993 of 2009 CRIME NO.516 OF 2009 OF ERAVIPURAM POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- SHAMNAD AGED 25 YEARS, KUTTALIL, VADAKKEVILA VILLAGE, PALATHARA CHERRY, THATTAMALA, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5993 OF 2009 ------------------------------------------------------ Dated this the 23rd day of December, 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 first accused in Crime No.516 of 2009 of Eravipuram Police Station, Kollam District. 2. The offences alleged against the petitioner and the other accused persons are under Sections 143, 147, 148, 294(b), 324, 354 and 452 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 30.10.2009, 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 B.A. NO. 5993 OF 2009 :: 2 :: before the investigating officer at 9 AM on 5th and 6th November, 2009. Post on 12.11.2009. The petitioner shall produce a copy of the order before the investigating officer. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.516 of 2009 of Eravipuram Police Station, Kollam District.” 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 30.10.2009 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 30.10.2009 has been 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 Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5993 OF 2009 :: 3 :: 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/