IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5828 of 2011() ----------------------------- (CRIME NO.764/2011 OF KOTTIYAM POLICE STATION, KOLLAM DT.) PETITIONER/IST ACCUSED ------------------------------------------ SANGEETH, S/O.RAJAN, AGED 19 YEARS, VILAYIL HOUSE, THAZHUTHALA P.O., KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5828 of 2011 ---------------------------------------------- Dated this the 3rd day of August, 2011 ORDER 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.764 of 2011 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 341, 323, 324, 354 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 22nd July, 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 directed to appear before the investigating B.A.No.5828 of 2011 2 officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 27/07/2011 and 28/07/2011. 5. Post on 03/08/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.764 of 2011 of Kottiyam Police Station, till 07/08/2011. 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 22nd July, 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 22nd July, 2011 has 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 B.A.No.5828 of 2011 3 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. cms