IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4188 of 2009() ----------------------------- CRIME NO.259/2009 OF ERATTUPETTA POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------------- XAVIER JOSEPH @ BABY, MULANGASSERY HOUSE, INCHAPPARA BHAGOM, VELLIKULAM P.O. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERATTUPETTA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4188 of 2009 --------------------------------------------- Dated this the 3rd day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.259 of 2009 of Erattupetta Police Station. 2. The offences alleged against the petitioner are under Sections 15(c) of the Abkari Act and Sections 224, 225 and 353 of the Indian Penal Code. 3. The prosecution case is that the first accused, who is a toddy tapper, was selling toddy to accused Nos.2, 3 and 4 in a public place. On seeing the police party, the first accused ran away. Accused Nos.2, 3 and 4 were taken to custody by the police. But, pushing the police persons away, they escaped from the police jeep. 4. Accused No.1 was granted anticipatory bail by the Sessions Court, Kottayam, as per the order dated 18th July 2009 in Crl.M.P.No.1553 of 2009. 5. Taking into account the facts and circumstances of the BA No.4188/2009 2 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: 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 csl