IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 4730 of 2009() ----------------------------- CRIME NO.536/2009 OF KANNUR POLICE STATION PETITIONER/ACCUSED: --------------------------------------- V.P.KUNJIKOYA, M.K.HOUSE, M.K.WARD, KANNUR-3. BY ADV. SRI.IMTHIYAZ AHAMED SRI.SHIRAZ ABDULLA RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KANNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4730 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.536 of 2009 of Kannur Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323, 294(b), 333 and 506(i) of the Indian Penal Code. 3. When the Bail Application came up for hearing on 24.9.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 6th and 7th October, 2009. Post on 12.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.536 of 2009 of Kannur Police Station.” 4. The learned Public Prosecutor and the learned counsel for the petitioner submitted that the directions were BA No. 4730/2009 2 complied with by the petitioner. 4. 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. 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.15,000/- 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 BA No. 4730/2009 3