IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4128 of 2009() ----------------------------- CRIME NO.149/2008 OF THIRUVALLAM POLICE STATION .................... PETITIONER/SECOND ACCUSED --------------------------------------------- MADHU, SON OF SHRI.PEETHAMBARAN, PAAHAVILA VEEDU, T.C.66/2694, PARAVILA, PACHALLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.TPM.IBRAHIM KHAN SRI.PHILIP JOSEPH(PUTHENCHIRA) RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, THIRUVALLAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4128 of 2009 --------------------------------------------- Dated this the 29th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.149 of 2008 of Thiruvallam Police Station. 2. The offences alleged against the petitioner are under Sections 225, 332 and 379 read with Section 34 of the Indian Penal Code. 3. It is alleged that the Sub Inspector of Police, Thiruvallam, arrested the petitioner and the other accused in Crime No.148 of 2008 on 6.6.2008. The allegation is that at that time, the petitioner and the other accused in Crime No.148 of 2008 and two other persons caused obstruction to the official duties of the Sub Inspector of Police and committed theft of his wrist watch. Accordingly, Crime No.149 of 2008 was registered showing the petitioner herein as the second accused. 4. The petitioner moved an application for anticipatory BA No. 4128/2009 2 bail before the learned Sessions Judge which was dismissed by the order dated 10th July 2009. 5. It is submitted by the petitioner that the defacto complainant in Crime No.148 of 2008 is one Ponnamma, who is the relative of the Sub Inspector of Police, Thiruvallam. It is contended that in these circumstances, if the petitioner is arrested in the present case, there is every likelihood of the police causing bodily injury and harassment, mental and physical to him. 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.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 report before the investigating officer between 9 A.M. and 11 A.M. on all 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; BA No. 4128/2009 3 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