IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8862 of 2011() ----------------------------- CRIME NO.1425/2011 OF CHATHANNOOR POLICE STATION, KOLLAM PETITIONER/IST ACCUSED -------------------------------- I.K.KRISHNAKUMAR,S/O.KRISHNANKUTTY, ADVOCATE,KOLLAM,RAMACHANDRA VILASOM,OORANVILA, AERAMCHERRY,MEENADU VILLAGE,CHATHANOOR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,CHATHANNOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8862 of 2011 --------------------------- Dated this the 17th day of November, 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 accused No.1 in Crime No.1425 of 2011 of Chathannoor Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 452, 384 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the petitioner and others, who are members of D.Y.F.I., trespassed into the house of the de facto complainant and threatened the members of Kerala Students Union who took shelter in that house and took away a laptop from the K.S.U. workers. 4. When the Bail Application came up for admission on 4.11.2011, the following order was passed : BA 8862/11 2 “4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 10.11.2011 and 11.11.2011. 6. Post on 17.11.2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1425 of 2011 of Chathannoor Police Station, till 18.11.2011. 8. 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.” 5. It is submitted by the learned counsel for the petitioner BA 8862/11 3 as well as the learned Public Prosecutor that the direction in the order dated 4.11.2011 has been complied with by the petitioner. 6. 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 4.11.2011 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/- (Rupees Ten Thousand 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required ; BA 8862/11 4 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl