IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 5462 of 2009() ----------------------------- CRIME NO.19 OF 2008 OF CHANDERA POLICE STATION .................... PETITIONER/ACCUSED NO.2 -------------------------------------- ISMAIL V.V., S/O.ABDUL AZEEZ HAJI, MATTAMMAL, NORTH THRIKARIPUR, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5462 of 2009 --------------------------------------------- Dated this the 23rd day of October, 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.19 of 2008 of Chandera Police Station. 2. The offence alleged against the petitioner is under Section 7 of the Foreigners Act. 3. When the Bail Application came up for hearing on 9th October 2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be 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 9 A.M. on 19.10.2009 and 20.10.2009. Post on 23rd October 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.19 of 2008 of Chandera Police Station.” 4. The learned Public Prosecutor and the learned BA No.5462/2009 2 counsel for the petitioner submitted that the petitioner has complied with the direction in the order dated 9.10.2009. 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 csl BA No.5462/2009 3 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5462 of 2009 --------------------------------------------- Dated this the 9th day of October, 2009 ORDER After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be 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 9 A.M. on 19.10.2009 and BA No.5462/2009 4 20.10.2009. Post on 23rd October 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.19 of 2008 of Chandera Police Station. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.