IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 5715 of 2009() ---------------------------------------- CRMP.2413/2009 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. CRIME NO.182/2009 OF EDATHUA POLICE STATION, ALAPPUZHA. .................... PETITIONER/1ST ACCUSED: ---------------------------------------- SUDHEESH, S/O.SUKUMARAN, CHELAPPILLIL, KARICKAL, PAYUIPPAD P.O., ALAPPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, EDATHUA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5715 of 2009 ------------------------------------ Dated this the 10th day of November, 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 accused No.1 in Crime No.182/2009 of Edathua Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 9/10/2009, 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, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 15th and 16th October, 2009. Post on 22/10/2009. B.A. No. 5715/2009 2 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.182 of 2009 of Edathua Police Station, Alappuzha.” 4. Thereafter on 22/10/2009 another order was passed, which reads as follows: “Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is brought to my notice that the petitioner has complied with the direction to appear before the investigating officer on 15th and 16th October, 2009. Learned Public Prosecutor submitted that though the petitioner appeared, he did not disclose certain vital information. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and also taking into account the facts that the de facto complainant as well as the first accused are students of the same college, I am of the view that both of them may appear before the investigating officer. B.A. No. 5715/2009 3 Accordingly, there will be a direction to the de facto complainant and the first accused to appear before the investigating officer at 10 A.M on 1/11/2009 so that they can explore the possibilities of an amicable settlement. Post on 5/11/2009. The petitioner shall serve a copy of this order to the investigating officer during this week itself so that the Sub Inspector of Police can communicate information to the de facto complainant directing him to appear on the date fixed.” 5. The learned Counsel for the Petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction contained in the order dated 22/10/2009. It is submitted that the de facto complainant also appeared before the investigating officer and the dispute between the parties is almost settled and it is likely that the parties would settle the disputes and differences. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 5715/2009 4 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.25,000/- 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. 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 scm