IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5210 of 2011 CRIME NO.230/2011 OF CHITTARIKKAL POLICE STATION PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT II HOSDURG. PETITIONER: ACCUSED --------------------------- T.V. VIJAYAN @ MANIKUTTAN, AGED 48 YEARS, S/O. VASUDEVAN, THONDATHARA HOUSE, KAVUMTHALA, KOTTAMALA AND NOW RESIDING AT KANAYI, MUTTATHI, PAYYANNUR. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5210 OF 2011 E ------------------------------------------------------ Dated this the 6th day of July, 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 the accused in Crime No.230 of 2011 of Chittarikkal Police Station. 2. The offences alleged against the petitioner are under Sections 323, 341, 420, 447 and 506(ii) of the Indian Penal Code. 3. The prosecution case is that on 12.6.2011 at 7 P.M., the accused and three identifiable persons trespassed into the house of the de facto complainant and wielded knife against him and threatened him. The de facto complainant is the uncle of the petitioner. According to the prosecution, the accused is a rubber tapper and he worked under the de facto complainant. It is alleged that some amounts are due to the de facto complainant and there was dispute regarding the same. The de facto complainant filed a complaint before the Magistrate's Court, which B.A. NO.5210 OF 2011 :: 2 :: was forwarded to the police under Section 156(3) of the Code of Criminal Procedure and the crime was registered. 4. 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 for a period of one month on his executing bond for Rupees Ten thousand 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) Before the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. B.A. NO.5210 OF 2011 :: 3 :: f) 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 ahz/