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. 7263 of 2011 CRIME NO.2069 OF 2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. PETITONER/1ST ACCUSED: ------------------------------------------ HASHIM, S/O.BASHEER, AGED 19 YEARS, RESIDING AT KANNAMPALLY THEKKATHIL, KADATHOOR MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7263 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.2069 of 2011 of Karunagappally Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 29th September, 2011, the following order was passed: “3. The date of occurrence was on 22.8.2011. 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 offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to Bail Appl. NO.7263 of 2011 :: 2 :: appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 7th and 8th October, 2011. 5. Post on 13th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.2069 of 2011 of Karunagappally Police Station, till 16th October, 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 that the direction in the order dated 29th September, 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 29th September, 2011 has Bail Appl. NO.7263 of 2011 :: 3 :: 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 the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) 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; 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 ahz/