IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 5705 of 2011 CMP.1772/2011 of DISTRICT COURT, KALPETTA CRIME NO.317 OF 2011 OF SULTHAN BATHERY POLICE STATION, WAYANAD PETITIONER: ACCUSED NO.1: -------------------- BENCHAMIN ISO, S/O.ISO, KARUMABAMKALYIL HOUSE, MALANGARA, NENMENI PO, WAYANAD DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT & STATE: --------------- 1. THE SUB INSPECTOR OF POLICE, SULTHANBATHERY POLICE STATION WAYANAD DISTRICT PIN 673 592. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM KOCHI 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5705 of 2011 ------------------------------------------------------ Dated this the 16th day of August, 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 accused No.1 in Crime No.317 of 2011 of Sulthan Bathery Police Station, Wayanad District. 2. The offences alleged against the accused are under Sections 452, 341, 342, 323, 324, 427, 385, 506(i), 294(b) and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 4th August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the case diary. I have also carefully gone through the averments in paragraphs 6 to 10 in the Bail Application. 4. Taking into account the facts and circumstances Bail Appl. NO.5705 of 2011 :: 2 :: 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 10th and 11th August, 2011. 5. Post on 16th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.317 of 2011 of Sulthan Bathery Police Station, Wayanad District, till 19th August, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 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 4th August, 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 4th August, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be Bail Appl. NO.5705 of 2011 :: 3 :: 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, for a period of two months; 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/