IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6499 of 2011() ----------------------------- CRIME NO.929/2011 OF THRISSUR TOWN EAST POLICE STATION PETITIONER:ACCUSED -------------------- ASOKAN C.B, S/O.BALAKRISHNAN, CHULLIPARAMBIL HOUSE, ROUND SOUTH,THRISSUR, M/S. PATHANS HOTEL,ROUND SOUTH,THRISSUR-1. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6499 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 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.929 of 2011 of Thrissur Town East Police Station. 2. The offences alleged against the petitioner are under Sections 23 and 26 of Juvenile Justice (Care and Protection of Children) Act. 3. When the Bail Application came up for admission on 24/08/2011, the following order was passed: “3. The prosecution case is that in a hotel run by the petitioner, he employed two juveniles aged 14 and 17 years. 4. The learned Counsel for the petitioner submitted that even going by the allegations levelled against the petitioner, no offence under the Juvenile Justice Act is made out. There is no allegation that the juveniles were employed for hazardous work. 5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering Bail Appln.No.6499/2011 : 2 : 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 27/08/2011 and 28/08/2011. 6. Post on 02/09/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.929 of 2011 of Thrissur Town East Police Station, till 04/09/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 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 24/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 24/08/2011 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 Appln.No.6499/2011 : 3 : 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 True copy P.A. to Judge