IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3756 of 2011() ----------------------------- CRIME NO.170/2011 OF ARANMULA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- NANDU @ NANDULAL, AGED 22 YEARS, S/O.RAJU, NAGAVARA, ELANTHOOR EAST.P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.V.ANIL SMT.R.RAMYA RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ----------------------------- B.A.No.3756 of 2011 ------------------------------- Dated this the 20th day of May, 2011 ORDER Petitioner is the accused in Crime No.170/2011 of Aranmula Police Station. It was registered under Sections 308, 506(ii) and 427 of the Indian Penal Code. This application is for pre-arrest bail. 2. The gist of the allegation is that on 21.3.2011, while the de facto complainant was taking his food from a hotel and when he came out from the hotel on hearing a big sound, he was attacked by the accused. After the incident, when the vehicle was driven by the accused, it met with an accident and in the said accident, the petitioner sustained injuries. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 4. Considering all these aspects, I am not inclined to B.A.No.3756/2011 2 grant anticipatory bail at this stage but the following directions can be issued. The petitioner will appear before the investigating officer on or before 7.6.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail application filed by the petitioner will pass appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. ii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing B.A.No.3756/2011 3 such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of the court concerned without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl