IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Bail Appl..No. 5929 of 2009() ------------------------------------ CRIME NO. 373/2009 OF NADAKKAVU POLICE STATION ......................... PETITIONER/ACCUSED: ----------------------------------- NAYARUKANDI ABDUL NAZAR, S/O. ANTHRU, KOYISSERI HOUSE, NADAKKAVU P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENTS/COMPLAINANT & STATE : ---------------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PREMA CHANDRAN, ASSISTANT COMMISSIONER OF POLICE (NORTH),KOZHIKODE. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5929 of 2009 ------------------------------------ Dated this the 4th day of November, 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 accused in Crime No.373/2009 of Nadakkavu Police Station. 2. The offences alleged against the petitioner are under Sections 420, 406 and 409 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 16.10.2009, 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 26th and 27th October, 2009. The petitioner shall surrender his passport before the investigating officer immediately on his arrival from abroad. B.A. No. 5929 of 2009 2 Post on 30.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 373/2009 of Nadakkavu Police Station. Hand over copy of this order to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the directions in the order dated 16.10.2009. It is also submitted that the passport was surrendered by the petitioner before the investigating officer. 5. The learned counsel for the petitioner submitted that the petitioner is doing business abroad and that if his passport is detained, he and his family would be put to untold misery and great hardship. 6. Heard the learned Public Prosecutor and also considered the submission made by him on instructions. 7. 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. B.A. No. 5929 of 2009 3 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 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 investigating officer shall return the passport to the petitioner forthwith. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln