IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 560 of 2010(B) --------------------------------------- CRMP.99/2010 of DISTRICT COURT, KOTTAYAM CRIME NO.522/2009 OF KADUTHURUTHY POLICE STATION, KOTTAYAM. .................... PETITIONER/ACCUSED: ------------------------------------ GOPU, AGED 44 YEARS, S/O.KESAVANKUTTY NAIR, VITHONTHARA HOUSE, ARPOOKKARA VILLAGE VILLOONNI BHAGOM KOTTAYAM DIST. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KADUTHURUTHY. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 560 of 2010 ------------------------------------ Dated this the 15th day of March, 2010 O R D E R When the Bail Application came up for hearing on 25/02/2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.522 of 2009 of Kaduthuruthy Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 18.11.2009, the accused persons were travelling in a car. An accident occurred when the car collided with a lorry driven by the de facto complainant. It is alleged that the accused persons attacked the de facto complainant and took away his purse containing Rs.4,700/-, a mobile phone and driving licence. The petitioner apprehends arrest. 4. Taking into account the facts and circumstances of the case, 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 B.A. No. 560 /2010 2 before the investigating officer at 9 AM on 4th and 5th March, 2010. The petitioner shall produce a copy of the order before the investigating officer. 5. Post on 15th March, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.522 of 2009 of Kaduthuruthy Police Station, Kottayam District. ” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 25/02/2010. 3. 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 alternate Mondays, till the final report is filed or until further orders; B.A. No. 560 /2010 3 B) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 scm