IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3526 of 2011() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2687/2011 Dated 11/04/2011 CRIME NO.58/2011 OF CHEMMANGADU POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED --------------------------- P.K.NIDHESH, AGED 23 YEARS, S/O.BABU, POOVATHUNKANDY HOUSE, P.O.KALLAI, PANNIYANKARA AMSOM DESOM, KOZHIKODE. BY ADVS. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- B.A.No. 3526 OF 2011 -------------------------------------- Dated this the 17th day of May, 2011 ORDER Petitioner is the 2nd accused in Crime No.58/2011 of Chemmangadu Police Station. It was registered under Section 302 I.P.C. This application is for pre-arrest bail. 2. The 1st accused was stated to have been granted bail based on the observation made by this Court in B.A.No.2687/2011 dated 11.04.2011. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. The learned counsel for the petitioner submits that the victim had molested the wife of the 1st accused and thus there was an altercation and after the incident he was taken to the police station. Thereafter, as he had discomfort, he was removed to Medical College Hospital. While undergoing treatment, he died on 05.03.2011. The 1st accused has already been granted bail. The learned counsel for the petitioner submits that there was allegation that the deceased was tortured from the police station and so the B.A.No. 3526 OF 2011 : 2 : incident alleged was not the proximate cause of death. 4. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioner will surrender before the investigating officer on 26.05.2011 or on 27.05.2011. The investigating officer after interrogation will produce the petitioner before the Magistrate. If interrogation is over, the learned Magistrate will dispose of the bail application. However, the release of the petitioner shall be on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum. However, the petitioner shall be released only on the following further conditions: i. The petitioner shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the B.A.No. 3526 OF 2011 : 3 : offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The petitioner and the sureties shall not leave the jurisdiction of the Court concerned, without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE dmb