IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5188 of 2011() ----------------------------- CRIME NO.890/2011 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR .................... PETITIONER/ACCUSED : --------------------------- RAMESHKUMAR, S/O.RAJAPPAN PILLA, CHIRAYIPARAMBIL HOUSE, KANJIRANGADI DESOM, KOORKANCHERRY, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5188 of 2011 --------------------------- Dated this the 18th day of July, 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 the sole accused in Crime No.890 of 2011 of Thrissur Town East Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 471 of the Indian Penal Code and Section 17 of the Kerala Money Lenders Act. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. When the Bail Application came up for admission on 5.7.2011, the following order was passed : “4. Taking into account the facts and BA 5188/2011 2 circumstances of the case, the nature of the offence and the submissions made by the learned counsel for the petitioner, I am of the view that before finally disposing of the application for anticipatory bail, it is necessary to direct the petitioner to appear before the investigating officer. There will be a direction to the petitioner to appear before the investigating officer on 13.7.2011 between 9 A.M. and 11 A.M. Post the case on 18.7.2011. The learned Public Prosecutor submitted that the petitioner will not be arrested till 20th July, 2011 in connection with the crime.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 5.7.2011 has been complied with by the petitioner. 6. 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 5.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. BA 5188/2011 3 There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall 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 csl