IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5398 of 2011() ----------------------------- CRIME NO.276/2011 OF KALADY POLICE STATION PETITIONER/ACCUSED NO.2: ------------------------------- AALBIN THOMAS, S/O.THOMAS, AGED 20, EDASSERY HOUSE, PAPRAPPURAM, KANJOOR, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5398 of 2011 --------------------------- Dated this the 22nd 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 second accused in Crime No.276 of 2011 of Kalady Police Station. 2. The offences alleged against the petitioner are under Sections 465 and 468 of the Indian Penal Code and Sections 20, 23 and 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3. When the Bail Application came up for admission on 11.7.2011, the following order was passed : “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and BA 5398/2011 2 circumstances 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 18th and 19th July, 2011. 5. Post on 22nd July, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.276 of 2011 of Kalady Police Station till 22nd July, 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 11.7.2011 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 11.7.2011 has been complied BA 5398/2011 3 with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. 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 for a period of two months 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; 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) Before the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. BA 5398/2011 4 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 csl