IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4784 of 2009() ----------------------------- CRIME NO.709/2009 OF MULAMTHURUTHY POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------------------- PRINCE B.C., BOSE BHAVAN, SMP COLONY, EROOR, TRIPUNITHURA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): COMPLAINANT: --------------------------- 1. SUB INSPECTOR OF POLICE, MULAMTHURUTHY POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4784 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.709 of 2009 of Mulamthuruthy Police Station. 2. The offences alleged against the petitioner are under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. The learned counsel for the petitioner submitted that the petitioner is implicated in the case without any basis. He relies on Annexure I letter of appreciation issued by the Canara Bank, Arakkunnam, in which branch the petitioner is working, certifying that the petitioner is a very honest and upright man. In the present case, the allegation against him is that in his capacity as peon in the Bank, he committed the offence alleged. 5. Taking into account the facts and circumstances of the BA No.4784/2009 2 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.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 csl