IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8729 of 2011() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.7263/2011 Dated 13/10/2011 ................... IN CRIME NO. 2069/2011 OF KARUNAGAPPALLY POLICE STATION (S): PETITIONERS/ACCUSED NO.3 -------------------------------------------- LINAD, S/O.ABDUL LATHEEF, THATTARAPALLITHEKKATHIL, KADATHOOR, KULASEKHARAPURAM, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011 , THE COURT ON 16/11/2011 PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO.8729 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 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.3 in Crime No. 2069 of 2011 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 22-08-2011. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. When the Bail Application came up for hearing on B.A.No. 8729/2011 -2- 31-10-2011, the following order was passed; “4. Taking into account the facts and circumstances of the case and the nature of the offences, 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 07-11-2011 and 08-11-2011. 5. Post on 14-11-2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No. 2069 of 2011 of Karunagappally Police Station, till 16-11-2011. 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.” 5. Taking into account the facts and circumstances of B.A.No. 8729/2011 -3- 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. 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 alternate Mondays, till the final report is filed or until further orders; 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; B.A.No. 8729/2011 -4- 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. ds B.A.No. 8729/2011 -5-