IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6291 of 2009() ----------------------------- CRIME NO.943/2009 OF PATHANAMTHITTA POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- JOHNSON, S/O.RAJU GEORGE, VELLOOR VADAKKETHIL, THAZHE VEETTIPPURAM, PATHANAMTHITTA. BY ADV. SRI.SANTHOSH P.ABRAHAM RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6291 of 2009 --------------------------------------------- Dated this the 18th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.943 of 2009 of Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 149, 294(b), 324 and 452 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.11.2009, 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 7th and 8th November, 2009. Post on 12.11.2009. It is submitted by the learned Public BA No.6291/2009 2 Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.943 of 2009 of Pathanamthitta Police Station. The petitioner shall serve a copy of this order to the investigating officer.” 4. The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction contained in the order dated 3.11.2009. 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.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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; b) The petitioner shall appear before the investigating officer for interrogation as and when required; BA No.6291/2009 3 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 csl