IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 6259 of 2011() ----------------------------- Crime No.515 of 2011 of Vatanappaly Police Station, Thrissur District. PETITIONER/ACCUSED -------------------------------------- RAJESH.K.K,AGED 27 YEARS,S/O.K.A.KUTTAN, TALIKULAM.P.O,PIN-680569,THRISSUR DISTRICT. BY ADV. SRI.C.R.REKHESH SHARMA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN-682031. 2. THE STATION HOUSE OFFICER,VATANAPPALLY POLICE STATION,THRISSUR DISTRICT-680614. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6259 OF 2011 --------------------------------- Dated this the 2nd day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.3 in Crime No.515 of 2011 of Vatanappaly Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Section 420 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Prize Chits and Money Circulation Scheme(Banning) Act. 3. When the Bail Application came up for admission on 3rd October, 2011, the following order was passed: “The learned counsel for the petitioner submitted that the disputes between the petitioner and the defacto complainant were settled. The learned counsel for the petitioner submitted that the petitioner may be afforded B.A.No.6259 OF 2011 2 an opportunity to appear before the Investigating Officer and to convince him that the matter is settled between the parties. The petitioner shall appear before the Investigating Officer on 7.10.2011. The petitioner shall also make available the defacto complainant before the Investigating Officer either on that day or on any other day fixed by the Investigating Officer. Post on 13.10.2011. There will be an interim order not to arrest the petitioner in connection with Crime No.515 of 2011 of Vatanappally Police Station, till 15.10.2011. 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 3rd Ocotber, 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 3rd Ocotber, 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 B.A.No.6259 OF 2011 3 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 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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