IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Bail Appl..No. 5215 of 2009(F) ------------------------------------------ (CRIME NO. 785/2009 OF CHALAKKUDY POLICE STATION, THRISSUR DIST.) ............ PETITIONER/ 1ST ACCUSED: ----------------------------------------- P.V. BASHEER, SHABNA MANZIAL, PUTHIYAPURAYIL VENDARAKATH, THIRUVANGAD AMSOM, CHIRAKKARA DESOM, THALASSERY. BY ADV. MR.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R3. IMPLEADED: 3. JOHNSON K.J, AGED 51, S/O. KOLENCHERIVEETTIL JOSEPH, POTTA DESOM, PERAMBRA VILLAGE, THRISSUR DISTRICT. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 18/09/09 IN I.A. NO. 5152/2009. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. ADDL.R3 BY ADV. MR. SREEKUMAR G. (CHELUR). THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO. 5215 OF 2009 ------------------------------------------ Dated 18th September 2009 O R D E R Petitioner is the first accused in crime No.785/2009 of Chalakkudy police station registered for the offences under Sections 418 and 420 read with Section 34 of Indian Penal Code based on a complaint filed by third respondent and sent for investigation under Section 156(3) of Code of Criminal Procedure by the learned Magistrate. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail apprehending arrest in the case. 2. Learned counsel appearing for petitioner, third respondent and learned Public Prosecutor were heard. 3. Considering the nature of the offence alleged, I do not find that custodial interrogation of the petitioner is necessary. 4. In the event of arrest of the petitioner in crime No.785/2009 of Chalakkudy police station petitioner shall be released on bail on executing BA 5215/09 2 bond for Rs.10,000/- with two solvent sureties for the like sum to the satisfaction of the investigating officer on the following conditions. 1) Petitioner shall appear before the investigating officer between 10 and 12 a.m on every Thursday for four weeks and thereafter as and when required by the investigating officer. 2) Petitioner shall not induce, threaten or influence any witness from disclosing facts known to them to the investigating officer. 3) Petitioner shall not leave India without previous permission of the learned Magistrate. The order will prevail for one month and it is upto the petitioner to seek regular bail from the concerned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.