IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 6790 of 2011() ----------------------------- CRIME NO.628/2011 OF NEDUMBASSERY POLICE STATION .................... PETITIONER/ACCUSED : ------------------------- ANTONY,S/O.PAPPU,PARAYIL HOUSE, THEVARMADAM,PIRAROOR. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE S.I.OF POLICE,NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6790 of 2011 --------------------------- Dated this the 26th 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 the accused in Crime No.628 of 2011 of Nedumbassery Police Station. 2. The offences alleged against the petitioner are under Sections 323, 354, 448, 452 and 509 of the Indian Penal Code. 3. When the Bail Application came up for admission on 7.9.2011, the following order was passed : “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be BA 6790/2011 2 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 16.9.2011 and 17.9.2011. 5. Post on 23.9.2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.628 of 2011 of Nedumbassery Police Station, till 26.9.2011. 7. 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.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 7.9.2011 has been complied with by the petitioner. 5. 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 7.9.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can BA 6790/2011 3 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 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 csl