IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 5670 of 2009() ---------------------------------------- CRIME NO.596/2009 OF SASTHAMCOTTA POLICE STATION, KOLLAM. PETITIONER/3RD ACCUSED: ------------------------------------------- SIBU, S/O.VISWAMBHARAN, AGED 26 YEARS, KOCHUVEETIL PADEETTATHIL, EDAVANASSERRY, MYNAGAPPALLY P.O., KOLLAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5670 of 2009 ------------------------------------ Dated this the 29th day of October, 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 accused No.3 in Crime No.596/2009 of Sasthamcotta Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 427 and 323 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 8/10/2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor and also taking note of the fact that Crime No.595 of 2009 was registered in which the defacto complainant in the present case is an accused, I am of the view that before disposing of the Bail Application, an opportunity should be B.A. No. 5670 /2009 2 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 9A.M. on 19/10/2009 and 20/10/2009. Post on 22/10/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.596 of 2009 of Sasthamcotta Police Station.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the directions in the order dated 8/10/2009 were complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 B.A. No. 5670 /2009 3 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 appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm