IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2185 of 2009() ----------------------------- CRIME NO.396/09 OF EAST POLICE STATION, KOLLAM PETITIONER/ACCUSED NO 1 ------------------------------------------- SUNDAR DAS,S/O.CHITTARANJAN DAS, SUNDAR BHAVAN,PANAYAM.PO,PERINADU. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2185 of 2009 ----------------------------------------- Dated this the 26th May, 2009 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 first accused in Crime No.396/09 of the East Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 452, 341, 354 and 324 read with 34 of the Indian Penal Code. 3. It is submitted by the petitioner that his father stood as a surety for a loan sanctioned to the de facto complainant's husband. On failure to pay the loan amount, the Bank initiated civil proceedings. It is also submitted that the offences alleged took place on 9.4.2009 at 9.30 PM and the First Information Statement was given only at 11 AM on the next day. The injuries noted at the foot of the First Information Statement are only minor in nature. The wound certificate was not made BA.2185/09 2 available for perusal. Learned counsel for petitioner further submitted that at the instance of the petitioner, Crime No.400/2009 was registered against the husband of the de facto complainant in the present case and others for the offences under Sections 323 and 324 read with 34 of the Indian Penal Code and in that case the accused were released on bail by the investigating officer. 4. Taking into account the facts and circumstances of the case, the nature of the offences, the injury sustained 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 for a period of one month on his executing bond for Rs.25,000/- 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 AM and 11 AM on all Mondays, till the final report is filed or until further orders; BA.2185/09 3 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. 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 as above. K.T.SANKARAN, JUDGE vgs.