IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5581 of 2011() ----------------------------- CRIME NO.774/2010 OF KALADY POLICE STATION ERNAKULAM DISTRICT PETITIONER:ACCUSED -------------------- V.V. JOSE, AGED 57 YEARS, S/O. VAREED, VADAKKAN HOUSE, VADAKKETHARA, PAZHAYANNUR, THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN SMT.P.R.REENA RESPONDENTS: COMPLAINANT AND STATE ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KALADY POLICE STATION, ERNAKULAM DISTRICT, PIN - 683 574. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5581 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.774 of 2010 of Kalady Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 120-B, 406, 420, 468, 471, 506(ii) and 387 read with Section 34 of the Indian Penal Code. 3. The learned Public Prosecutor submitted with reference to the written instructions given to him by the Sub Inspector of Police, Kalady that the investigation revealed that the dispute is with respect to the brokerage to be shared by the de facto complainant and the accused in respect of the sale of distillery. According to the Investigating Officer, the case is of a civil nature. The crime was registered on the basis of a reference of case under Section 156(3) Code of Criminal Procedure by the Magistrate’s Court. 4. In view of the submission made by the learned Public Prosecutor, I am inclined to grant anticipatory bail to the petitioner. Bail Appln.No.5581/2011 : 2 : 5. Taking into account the facts and circumstances of the case, the nature of the offences 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 `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 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 skj