IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 5737 of 2009() ----------------------------- CRIME NO.408/2009 OF SAKTHIKULANGARA POLICE STATION PETITIONER/ACCUSED: --------------------------------------- LALU, S/O.SASIDHARAN PILLAI, AGED 32 YEARS, PIRAVOOR MADAM, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5737 of 2009 --------------------------------------------- Dated this the 23rd 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 sole accused in Crime No.408 of 2009 of Sakthikulangara Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 323, 324, 354 and 452 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 12th October, 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 A.M. on 19th and 20th October 2009 Post on 23rd October 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime BA No.5737/2009 2 No.408 of 2009 of Sakthikulangara Police Station.” 4. The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction in the order dated 12th October 2009. 5. 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 report before the investigating officer between 9 A.M. and 11 A.M. on every Monday 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; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.5737/2009 3 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 csl