IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 4415 of 2009 CRIME NO.667 OF 2009 OF FORT POLICE STATION, THIRUVANANTHAPURAM. PETITIONER: ACCUSED: ---------------------------- HEMACHANDRAN, S/O.GOPALAN, SREESAILAM, T.C.58/2086, KONCHIRAVILA, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.S.VENUGOPAL RESPONDENTS: STATE /COMPLAINANT: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4415 OF 2009 ------------------------------------------------------ Dated this the 22nd day of September, 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 the accused in Crime No.667 of 2009 of Fort Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 3(2)(e) of the PDPP Act. 3. When the Bail Application came up for hearing on 10.8.2009, the following order was passed: “After having heard the learned counsel for the petitioner and learned Public Prosecutor, I am of the view that it would be sufficient if the petitioner appears before the investigating agency on 17th and 18th August, 2009 for questioning between 9 AM and 1 PM. The petitioner shall appear before the investigating agency at 9 AM on 17th August and also at 9 AM on 18th August 2009 to facilitate the questioning by the investigating agency. Post the Bail Application on 20.08.2009. The learned Public Prosecutor submitted that the petitioner will not be arrested in connection with the crime till then.” B.A. NO. 4415 OF 2009 :: 2 :: 4. It is submitted that the petitioner appeared before the investigating officer as directed in the order dated 10.8.2009. 5. Taking into account the facts and circumstances of the 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.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 ahz/