IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6332 of 2011() ----------------------------- CRIME NO.56/2011 OF PAYYOLI POLICE STATION, KOZHIKODE .................... PETITIONER (S): ACCUSED -------------------------------- PRABHAKARAN K.P., AGED 45 YEARS, S/O.GOVINDAN, NANGYADATHIL(NIRMALYAM) HOUSE, ERANHOLI CHUNGAM, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6332 of 2011 --------------------------- Dated this the 23rd day of August, 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 sole accused in Crime No.56 of 2011 of Payyoli Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10.8.2011, the following order was passed : “3. The allegation is that the bus belonging to the de facto complainant which was parked in a petrol bunk was found missing and later, it was found in the Thalassery bus stand. 4. The petitioner contends that he is the driver of the bus and that there is a labour BA 6332/2011 2 dispute between him and employer. According to the petitioner, the case was foisted against him. 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 17.8.2011 and 18.8.2011. 6. Post on 23.8.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.56 of 2011 of Payyoli Police Station, till 25.8.2011. 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.” BA 6332/2011 3 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 10.8.2011 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 10.8.2011 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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 ; BA 6332/2011 4 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 csl BA 6332/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.6332 of 2011 --------------------------- Dated this the 10th day of August, 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 sole accused in Crime No.56 of 2011 of Payyoli Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. BA 6332/2011 6 3. The allegation is that the bus belonging to the de facto complainant which was parked in a petrol bunk was found missing and later, it was found in the Thalassery bus stand. 4. The petitioner contends that he is the driver of the bus and that there is a labour dispute between him and employer. According to the petitioner, the case was foisted against him. 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 17.8.2011 and 18.8.2011. 6. Post on 23.8.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.56 of 2011 of Payyoli Police Station, till 25.8.2011. BA 6332/2011 7 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. K.T.SANKARAN JUDGE csl