IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7349 of 2009 CRIME NO.593 OF 2009 OF OACHIRA POLICE STATION, KOLLAM DISTRICT PETITIONER: ------------------- VINURAJ R., S/O.RAJENDRAN, AGED 18 YEARS, RAJASREE, AADINADU NORTH, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7349 OF 2009 ------------------------------------------------------ Dated this the 16th day of December, 2009 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 first accused in Crime No.593 of 2009 of Oachira Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147 and 332 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act. 3. The prosecution case is that on 22.11.2009, the accused persons while travelling in a KSRTC bus disturbed the lady passengers. The conductor of the bus asked the accused persons not to indulge in such acts. The accused persons alighted at Vouvvakavu. They pelted stones and the rear wind shield of the bus was broken. It is also alleged that the accused persons had beaten the conductor of the bus. 4. Learned counsel for the petitioner submitted that the B.A. NO. 7349 OF 2008 :: 2 :: petitioner is aged only 18 years and that he is a student. It is submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court as a condition for grant of anticipatory bail. 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 on stringent conditions. 6. 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall deposit a sum of Rs.15,000/- before the Court of the Judicial Magistrate of the First Class, Karunagapally on or before 10.1.2010, which will be subject to the final decision in the case; b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; B.A. NO. 7349 OF 2008 :: 3 :: c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/