IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 1425 of 2009() ----------------------------- CRIME NO. 380/2008 OF KAZHAKOOTAM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/1ST ACCUSED ------------------------------------------ THIRUMUDI JOSEPH S/O. JOSEPH, JOHN BRITTO LANE, PALLITHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SURESH WILFRED RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1425 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 1st accused in Crime No.380/2008 of Kazhakootam Police Station for offences punishable under Sections 143, 147, 148,149, 332 of Indian Penal Code read with Section 27 of the Arms Act, Section 3 of Explosive Substances Act, 4(3) of the Prevention of Damage to Public Property Act, 1984, seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioner and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: - BA 1425/2009 2 1) Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2) Petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3) Petitioner shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4) Petitioner shall not indulge in any act of destruction or vandalism with regard to the properties of Ashapura Minechem Ltd. at Menamkulam. 5) This will not absolve petitioner from his liability for the loss, if any, caused by him to the properties of Ashapura Minechem Ltd. 6) Petitioner shall not commit any offence while on bail. 7) Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V. RAMKUMAR, JUDGE. mn.