IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5440 of 2011 CRIME NO.160 OF 2011 OF AMBALATHARA POLICE STATION,KASARAGOD. PETITIONER/ACCUSED: --------------------------------------- C.NARAYANAN, AGED 45 YEARS, S/O.POLLATHAN, URIKKUNNI, THAYANNOOR VILLAGE, HOSDURG TALUK, P.O.KANHIRAPOIL (VIA) ANANDASHRAM, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. AMBALATHARA POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5440 OF 2011 ------------------------------------------------------ Dated this the 28th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.160 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12th July, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 20th and 21st July, 2011. Bail Appl. NO.5440 OF 2011 :: 2 :: 5. Post on 26th July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.160 of 2011 of Ambalathara Police Station, until further orders. quote the order” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12th July, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12th July, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) 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; Bail Appl. NO.5440 OF 2011 :: 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 ahz/