IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9318 of 2011() ----------------------------- CRMP.3298/2011 of DISTRICT COURT, PALAKKAD .................... IN CRIME NO.875/2011 OF MANNARKKAD POLICE STATION PETITIONER(S): ----------------------- MANIKANDAN,AGED 30 YEARS, S/O.VASUDEVAN,NOCHULLY VEEDU, TIPPUSULTAN ROAD MANNARKKAD,PALAKKAD DISTRICT BY ADV. SRI.V.A.AJAIKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD,PALAKKAD DISTRICT 678 582 BY PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No.9318 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 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 the accused in Crime No.875 of 2011 of Mannarkkad Police Station. 2. The offences alleged against the petitioner are under Sections 465, 471 and 420 of the Indian Penal Code. 3. When the Bail Application came up for admission on 19th November, 2011, the following order was passed: “3. The prosecution case is that the accused forged documents for the purpose of activating SIM cards in the names of several persons. On getting reliable information, search was conducted in the shop in the occupation of the petitioner and some incriminating documents were seized. B.A.No. 9318 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. Learned counsel for the petitioner submitted that apart from seizing the documents, there is no material to connect the petitioner with any offence. 5. 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 appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 24th and 25th of November, 2011. 6. Post on 30th November, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No. 875 of 2011 of Mannarkkad Police Station, till 03/12/2011. 8. 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 as well as the learned Public Prosecutor that the direction in the order dated 19th November, 2011 has been complied with by the petitioner. B.A.No. 9318 OF 2011 3 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 19th November, 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 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 every Monday, 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. B.A.No. 9318 OF 2011 4 e) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) 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