IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6985 of 2011() ----------------------------- Crime No.234 of 2011 of Koduvally Police Station, Kozhikode District PETITIONER/ACCUSED ------------------------------ SHIJU S/O.CHANDRAN, AGED 27 YEARS , KANDAMAL HOUSE, NELLAMKANDY, KODUVALLY P.O.,KOZHIKODE DISTRICT BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION KOZHIKODE DISTRICT, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6985 OF 2011 --------------------------------- Dated this the 1st 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.234 of 2011 of Koduvally Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 420 and 468 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 24th August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the peculiar facts and circumstances of the case and the nature of the offence, 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 B.A.No.6985 OF 2011 2 to the petitioner to appear before the investigating officer on 27th and 28th August, 2011. Post on 1st September, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.234 of 2011 of Koduvally Police Station, Kozhikode, till 3rd September, 2011. 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.” 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 24th August, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 24th August, 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 on his executing bond for `10,000/- (Rupees Ten thousand only) B.A.No.6985 OF 2011 3 each 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. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. f) The petitioner shall cooperate with the investigating officer in the matter of investigation. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms