IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 4904 of 2009() ---------------------------------------- CRMP.979/2009 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.369/2009 OF KOIPURAM POLICE STATION, PATHANAMTHITTA .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- ANISH @ SHAJI, AGED 26 YEARS, S/O.GOPALAN, KAKKOTHANIL HOUSE, KURUNGUZHA MURI, PULLAD, KOIPURAM VILLAGE, THIRUVALLA VILLAGE. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4904 of 2009 ------------------------------------ Dated this the 9th day of November, 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 accused No.1 in Crime No.369/2009 of Koipuram Police Station,Pathanamthitta. 2. The offences alleged against the petitioner are under Sections 332 and 341 read with Section 34 of the Indian Penal Code. 3. when the Bail Application came up for hearing on 21/10/2009, 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 before the investigating officer at 9 A.M. on 27th and 28th October, 2009. B.A. No. 4904 / 2009 2 Post on 3/11/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 369 of 2009 of Koipuram Police Station, Pathanamthitta.” 4. Learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 21/10/2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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: 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 B.A. No. 4904 / 2009 3 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 scm