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. 4492 of 2009() ----------------------------- IN CRIME NO.214/2009 OF KUMBLA POLICE STATION PETITIONER/IST ACCUSED ----------------------------- BAPPU KUNHI, AGED 36 YEARS, S/O.UPPA KUNHI, RESIDING AT MERKALA HOUSE, KOODAL, MERKALA P.O., MANGALPPADY, KAYYAR VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE -------------------- THE STATION HOUSE OFFICER, KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S BREEZ 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. 4492 of 2009 ------------------------------------ Dated this the 4th day of November, 2009 O R D E R When the Bail Application came up for hearing on 17th August 2009, the following order was passed. “ The petitioner is the first accused in Crime No. 214/2009 of Kumbla Police Station in Kasargod District. He has filed this application for the grant of Anticipatory Bail. 2. The incident allegedly took place at 9.45 P.M. on 26.07.2009. The petitioner has submitted Annexure A1 representation to the Hon'ble Minister for Home with copy to several Officers to the Police including the Circle Inspector of Police in which it is stated that at 11.15 A.M. on 26.07.2009, the petitioner was at Salem in Tamil Nadu, about 600 Kms away from the place of incident. It is also stated therein that 6.40 P.M. on that day, he drove his car from Salem to Banglore and reached Banglore at 11 P.M. He stayed at Banglore for a few days. It is stated in Annexure A1 that at Salem check post, it is recorded in the computer camera that he was driving the vehicle at 11.15 A.M. and 6.40 P.M. on that day. 3. The learned Public Prosecutor submitted that the petitioner will not be arrested in connection with the present crime unless it is verified and found that the petitioner was really available in the place of incident on the date of occurrence. It is B.A. No. 4492 of 2009 2 necessary to question the petitioner and the necessary facts are to be verified. The petitioner shall appear before the Investigating Officer on 20th and 21st August, 2009 at 9. A.M.. Post on 25.08.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then.” 2. The learned Counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 17th August 2009. 3. 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 executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 4492 of 2009 3 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 Bail Application is allowed to the extent indicated above. K.T. SANKARAN JUDGE kkms/