IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7337 of 2011() ----------------------------- CRIME NO.846/2011 OF MALA POLICE STATION PETITIONER/ACCUSED NO.1 --------------------------------- ARUN M.K, 22 YEARS,S/O.KUTTAN, MONAPPILLY HOUSE,V.R.PURAM, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7337 of 2011 --------------------------- Dated this the 13th day of October, 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 accused No.1 in Crime No.846 of 2011 of Mala Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 341 and 332 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 26.8.2011 at 9.15 A.M., the accused persons, employees in a private bus, assaulted the civil police officer on duty. It is stated that on that day, a private bus strike was going on. The incident took place in the private bus stand at Mala. 4. When the Bail Application came up for admission on 27.9.2011, the following order was passed : BA 7337/11 2 “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 3rd and 4th October, 2011. 5. Post on 11th October, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.846 of 2011 of Mala Police Station, till 13th October, 2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner BA 7337/11 3 that the direction in the order dated 27.9.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 27.9.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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, 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 ; BA 7337/11 4 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 BA 7337/11 5 K.T.SANKARAN, J. --------------------------- B.A.No.7337 of 2011 --------------------------- Dated this the 27th day of September, 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 accused No.1 in Crime No.846 of 2011 of Mala Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 341 and 332 read with Section 34 of the Indian Penal Code. BA 7337/11 6 3. The prosecution case is that on 26.8.2011 at 9.15 A.M., the accused persons, employees in a private bus, assaulted the civil police officer on duty. It is stated that on that day, a private bus strike was going on. The incident took place in the private bus stand at Mala. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 3rd and 4th October, 2011. 5. Post on 11th October, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.846 of 2011 of Mala Police Station, till 13th October, 2011. The petitioner shall co-operate with the investigating officer BA 7337/11 7 in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer. K.T.SANKARAN JUDGE csl