IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 5612 of 2009 CRIME NO.393 OF 2009 OF ETTUMANOOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- SELVARAJAN ACHARI, S/O.THANKAPPAN ACHARI, THACHOLIL HOUSE, MUNDIYOOKONAM P.O. PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.P.S.RAMACHANDRAN PILLAI RESPONDENTS: STATE INVESTIGATING OFFICER ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5612 OF 2009 ------------------------------------------------------ Dated this the 22nd day of October, 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 third accused in Crime No.393 of 2009 of Ettumanoor Police Station, Kottayam District. 2. The offences alleged against the accused persons are under Sections 380, 413, 454 and 461 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 12.10.2009, 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, B.A. NO. 5612 OF 2009 :: 2 :: there will be a direction to the petitioner to appear before the investigating officer at 10 AM on 19th October, 2009. Post on 22nd 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.393 of 2009 of Ettumanoor Police Station.” 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 12.10.2009 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 12.10.2009 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 Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the B.A. NO. 5612 OF 2009 :: 3 :: 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/