IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 4419 of 2009() ---------------------------------------- OR.NO.4/2009 OF KARAKKAD FOREST STATION. .................. PETITIONER/ACCUSED: ---------------------------------- THOMSON, AGED 29 YEARS, S/O.DEVASSYA, CHERIYAMPURATHU HOUSE, MUNDAKKAYAM P.O., KANJIRAPPALLY. BY ADV. MR.S.RAJEEV RESPONDENT/ STATE: -------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO.4 OF 2009 OF KARAKKAD FOREST STATION). BY PUBLIC PROSECUTOR MR.TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 4419 of 2009 ------------------------------------ Dated this the 3rd 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 O. R. No. 4/2009 of Karakkad Forest Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 27(1) (e) (iv), Section 52 and Section 67 of the Kerala Forest Act and Section 425 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. Post on 3.11.2009. B.A. No. 4419 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with O. R.No. 4/2009 of Karakkad Forest Station. Hand over copy of this order to both sides.” 5. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the directions in the order dated 21.10.2009. 6. 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. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all 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 B.A. No. 4419 of 2009 3 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 ln