IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 Bail Appl..No. 3139 of 2008() ----------------------------- PETITIONER/ACCUSED -------------------- BENNY JOSEPH, S/O.JOSEPH @ KUNJUOOTTY AGED 34 YARS, VALIPLAKKAL HOUSE, KAYIPPALLY POONJAR P.O., POONJAR THEKKEKARA VILLAGE KOTTAYAM DISTRICT. BY ADV. SRI.SUJITH MATHEW JOSE RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA (FOR SHO ERATTUPETTA POLICE STATION - CRIME NO:.../2008) BY PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- BAIL APPLICATION No. 3139 OF 2008 ---------------------------------------------- Dated this the 19th day of May, 2008 O R D E R Application for anticipatory bail. The petitioner is the sole accused in Crime No. 47/2008 of Erattupetta Police Station registered alleging offences punishable, , under Section 323, 324 & 596 (ii) I.P.C. and Section 3 (1) (x) of the Scheduled Caste/Scheduled Tribe ( Prevention of Atrocities) Act 1989. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioner and other circumstances of the case, I am satisfied that this is a fit case for grant of bail. The petitioner shall surrender before the Magistrate within a week from today. Accordingly, a direction is issued to the Magistrate concerned to pass orders of bail and release the petitioner on bail on his executing a bond for Rs.15,000/-( Rupees Fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: Bail Application No. 3139/2008 2 1. Petitioner shall report before the Investigating Officer between 10 a.m. and 1 p.m. on all Mondays. 2. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of the above conditions, the bail granted to him shall be liable to be cancelled. The application is allowed as above. (HARUN-UL-RASHID, JUDGE) es/ Bail Application No. 3139/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO JUDGMENT 8TH APRIL, 2008