IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5389 of 2009() ----------------------------- CRIME NO.201/09 OF MANNAR POLICE STATION .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- PRAVEENKUMAR P.C.,S/O.CHELLAPPANASARI, KOCHUKADAMPATTU VILAYIL, MANNAR,ALAPPUZHA. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5389 of 2009 --------------------------------------------- Dated this the 14th day of October, 2009 ORDER 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.201 of 2009 of Mannar Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The allegation against the petitioner is that he has received the stolen property with the full knowledge that it was stolen property. 4. When the Bail Application came up for hearing on 25.9.2009, 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 BA No.5389/2009 2 officer at 9 A.M. on 8th and 9th October, 2009. Post on 14.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.201 of 2009 of Mannar Police Station, Alappuzha.” 5. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner had complied with the direction in the order dated 25th September, 2009. 6. 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.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 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; BA No.5389/2009 3 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 Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl