IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2774 of 2008() ----------------------------- CRIME NO.346/08 OF KAYAMJULAM POLICE STATION .................... PETITIONER/ACCUSED: --------------------------- ANILKUMAR K.R., AGED 34 YEARS, S/O.RAVEENDRANATH K.N., 'KANAKAM', NEAR PUMP HOUSE, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No.2774 of 2008 --------------------------- ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. 2. Petitioner is the accused in Crime No. 346/08 of Kayamkulam Police Station, registered for offence under Section 420 IPC. Having heard the submissions of the counsel for the petitioner and the Public Prosecutor, I am of the view that anticipatory bail can be granted to the petitioner, so as to enable progress being made in the investigation in the case, especially when the police could not effect arrest of the petitioner till date, after more than two months of the occurrence. In the result, allowing this application, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before 13.5.2008 and shall deposit by way of cash security an amount of Rs.5,000/- and shall thereafter BA 2774/08 2 execute bail bond for Rs.30,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate. On the above conditions being satisfied, the petitioner can be enlarged on bail. On such release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioner, if need be and the Magistrate granting it, if deemed fit, necessary and legal. On release the petitioner shall co-operate with the investigation in the case, shall not get himself involved in commission of any offence, BA 2774/08 3 shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town, in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv