IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8358 of 2011() ----------------------------- CRIME NO.317/2011 OF MEPPAYYOOR POLICE STATION KOZHIKODE DISTRICT PETITIONER/ACCUSED : ---------------------- RAJILESH.N.K, S/O.RAJAN, NAGATH KANDY HOUSE, KUTTOTH PO,AVALA , MEPPAYOOR,KOZHIKODE DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT: STATE -------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEPPAYOOR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8358 OF 2011 --------------------------------- Dated this the 25th day of November , 2011 ORDER 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.317 of 2011 of Meppayyoor Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 11th November, 2011, the following order was passed: “3. The petitioner is an autorickshaw driver. The allegation is that on 29.9.2011, while the defacto complainant and her friend were going to school, the accused tried to hit the defacto complainant with the autorickshaw. She evaded. Thereafter, the petitioner again did the same thing and the defacto complainant fell down. The girl reported the matter to the headmistress. The matter was reported to the police also. B.A.No.8358 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 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 th and 18 th November, 2011. 6. Post on 24 th November,2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.317 of 2011 of Meppayyoor Police Station, till 26 th November, 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.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 11th November, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of B.A.No.8358 OF 2011 3 the case, the nature of the offence and also taking note of the fact that the direction in the order dated 11th November, 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 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 every Monday, 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; 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No.8358 OF 2011 4 f) 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