IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 583 of 2010() ------------------------------------- CRIME NO.651/2009 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: --------------------------------------- SHAFEEQ, S/O.FAROOQ, HOUSE NO.21 E.M.S.COLONY, POOVAR, TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 583 of 2010 ------------------------------------ Dated this the 19th day of March, 2010 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.2 in Crime No.651/2009 of Kattakkada Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3/03/2010, 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 8.3.2010 and 9.3.2010. The petitioner shall produce a copy of the order before the B.A. No. 583 /2010 2 investigating officer. The petitioner also undertakes to produce a copy of Annexure A before the investigating officer. Post on 15.3.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.651 of 2009 of Kattakada Police Station.” 4. 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 3/03/2010. 5. 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 B.A. No. 583 /2010 3 officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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