IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6422 of 2011 CRIME NO.300 OF 2011 OF KOTTAKKAL POLICE STATION, MALAPPURAM PETITIONER/2ND ACCUSED ------------------------------------------ PRAVEEN P., AGED 27 YEARS, S/O.RAMAN P., PRAVEEN NIVAS, KAVATHIKALAM, KOTTAKKAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) RESPONDENT: --------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6422 of 2011 ------------------------------------------------------ Dated this the 25th 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.2 in Crime No.300 of 2011 of Kottakkal Police Station, Malappuram District. 2. The offences alleged against the accused are under Sections 143, 147, 283 and 188 read with Section 149 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act. 3. The prosecution case is that on 29.6.2011 at 7 P.M., the accused persons, who along with others while leading a procession blocking the public road and obstructing traffic, pelted stones against a KSRTC bus and caused a loss to the tune of `3,000/- to the State. 4. The learned counsel for the petitioner submitted that the petitioner is a postman and his family is depending on his income. If Bail Appl. NO.6422 of 2011 :: 2 :: the petitioner is arrested and detained, it is likely that he will lose his job. 5. When the Bail Application came up for admission on 12th August, 2011, the following order was passed: “5. Taking into account the facts and 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 August, 2011. 6. Post on 25th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.300 of 2011 of Kottakkal Police Station, till 26th August, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” Bail Appl. NO.6422 of 2011 :: 3 :: 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12th August, 2011 has been complied with by the petitioner. 7. 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 12th August, 2011 has been complied 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 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 all 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; Bail Appl. NO.6422 of 2011 :: 4 :: 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/