IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8090 of 2011() ----------------------------- CRIME NO.1184/2011 OF TOWN WEST POLICE STATION, THRISSUR .................... PETITIONER/ACCUSED : -------------------------- TENNY.C.L, S/O.LATE LONAPPAN, CHERUVATHOOR VEETTIL,KALLUR VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031. 2. THE STATION HOUSE OFFICER, THRISSUR WEST POLICE STATION,680 001. PUBLIC PROSECUTOR SRI.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8090 of 2011 --------------------------- Dated this the 1st day of December, 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.1184 of 2011 of Town West Police Station, Thrissur. 2. The offences alleged against the petitioner are under Sections 353 and 506(i) of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. When the Bail Application came up for admission on 21.11.2011, the following order was passed : “3. The prosecution case is that on 19.8.2011, the Assistant Motor Vehicles Inspector was inspecting documents in respect of a vehicle. Along with the driver of that vehicle, the petitioner was also present BA 8090/11 2 there. The AMVI stated to the driver that he would have to pay fine since he did not produce the records within time. At that time, the petitioner caught hold of the uniform of the AMVI, abused him and pushed him to the door. 4. The learned counsel for the petitioner submitted that the petitioner submitted Annexure B petition to the District Collector, Thrissur, making several allegations against the Assistant Motor Vehicles Inspector. In Annexure B, it is stated that the Assistant Motor Vehicles Inspector demanded ` 25,000/- as bribe. The petitioner also alleged that he was manhandled by the Assistant Motor Vehicles Inspector. 5. 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 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 25th and 26th November, 2011. 6. Post on 1st December, 2011. It is BA 8090/11 3 submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1184 of 2011 of Town West Police Station, Thrissur, till 3rd December, 2011. 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 as well as the learned Public Prosecutor that the direction in the order dated 21.11.2011 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 21.11.2011 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 arrest of the BA 8090/11 4 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) 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 csl