IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4101 of 2009 CRIME NO.563 OF 2009 OF THODUPUZHA POLICE STATION CRMP.1950/2009 of D.C.& SESSIONS COURT,THODUPUZHA PETITIONER/ACCUSED -------------------------------------- RASHEED K.S., S/O.SIDDIQUE, AGED 30 YEARS, KALLUMPURATH HOUSE, ANNAIKANNAM KARA,KARIKODE VILLAGE,THODUPUZH TALUK. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4101 OF 2009 ------------------------------------------------------ Dated this the 7th August, 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.563 of 2009 of Thodupuzha Police Station. 2. The offences alleged against the petitioner are under Sections 354, 366 and 308 of the Indian Penal Code. Originally, the crime was registered for an offence under Section 354 of the Indian Penal Code in respect of the incident on 21.4.2009. After investigation, charge was laid on 29.4.2009. Later, with the permission of the Court, further investigation was conducted under Section 173(8) of the Code of Criminal Procedure and Sections 366 and 308 were added. 3. The case of the victim is that she hired an autorickshaw driven by the accused for the purpose of going to her sister's house. When the autorickshaw reached the place where she has to get B.A. NO. 4101 OF 2009 :: 2 :: down, she asked the accused to stop the vehicle. The accused did not stop the vehicle. On the other hand, he caught hold of the hand of the de facto complainant. The de facto complainant escaped by jumping out of the vehicle. She sustained injuries. People of the locality gathered and the police also came to the scene of occurrence. The crime was registered accordingly. 4. Learned counsel for the petitioner submitted that even if the allegations in the First Information Report are taken as true, no offence under Sections 366 and 308 would be attracted. It is not necessary to render a finding on that contention. 5. 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: B.A. NO. 4101 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/