IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 5897 of 2011 CRMP.1386/2011 OF DIST & SESSIONS COURT, ALAPPUZHA CRIME NO.288 OF 2011 OF KUTHIATHODU POLICE STATION PETITIONER/ACCUSED NO.1: -------------------------------------- ANEESH @ JACOB, AGED 29 YEARS, S/O.DENNIES, THUNDIL VEEDU, KUTHIATHODU, PANCHAYATH WARD-16, CHERTHALA. BY ADV. SRI.JOBY CYRIAC RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KUTHIATHODU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5897 of 2011 B ------------------------------------------------------ Dated this the 8th 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 accused No.1 in Crime No.288 of 2011 of Kuthiathodu Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 323, 324 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 28th July, 2011, the following order was passed: “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 3rd and 4th August, 2011. Bail Appl. NO.5897 of 2011 :: 2 :: 6. Post on 8th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.288 of 2011 of Kuthiathodu Police Station, till 11th August, 2011. 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 28th July, 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 28th July, 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: Bail Appl. NO.5897 of 2011 :: 3 :: 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; 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 ahz/