IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1867 of 2009() ----------------------------- CRIME NO. 43/2009 OF THE VELLAYIL POLICE STATION PETITIONER/ACCUSED -------------------------------------- WASIM BARI, AGED 30 YEARS, S/O.ALIKOYA, 9/58 A.V.HOUSE, SILK STREET, CALICUT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE VELLAYIL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. C.K. SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application No.1867 of 2009 - - - - - - - - - - - - - - - - Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.43/2009 of Vellayil Police Station for offences punishable under Secs. 143, 147, 148, 324, 452, 353 and 427 read with Section 149 I.P.C. and Section 3(2)(e) of P.D.P.P. Act, seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. This court by order dated 27.03.2009 in B.A.No.1531/2009, bail was granted to the first accused. Hence, the counsel for the petitioner seeks an order in favour of the petitioner also on the strength of the above order. 4. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the legal injury sustained and the B.A.No.1867 of 2009 2 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 his 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: 1.The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) (the alleged loss incurred by the K.S.E.B.) in the Vellayil Section of K.S.E.B. within two weeks from today. 2.The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 3.The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 4.The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. B.A.No.1867 of 2009 3 5.The petitioner shall not commit any offence while on bail. 6.On expiry of the aforesaid period, the petitioner shall surrender before the Magistrate concerned and seek regular bail. If the petitioner commits 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.K.MOHANAN, JUDGE pac