IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6358 of 2009 CRIME NO.281 OF 2009 OF VALLIKUNNAM POLICE STATION PETITIONER/ACCUSED NO.5 ------------------------------------------- P.G.MUKUND, S/O.GOPALA PILLAI, MUKUNDALAYAM, CHEERANIKKARA.P.O, VEMBAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE DR.ABRAHAM P.MEACHINKARA SRI.A.RAJASIMHAN RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, ALONG WITH BA NO.6359 OF 2009 AND BA NO.6360 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.6358, 6359 & 6360 OF 2009 ------------------------------------------------------ Dated this the 23rd day of November, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. All these petitions are filed by the same person who is the fifth accused in Crime Nos.281 and 286 of 2009 and the fourth accused in Crime No.285 of 2009 of Vallikunnam Police Station. 2. The offences alleged against the petitioner are under Sections 420, 170, 468, 471 and 473 read with Section 34 of the Indian Penal Code. 3. When the B.A.No.6358 of 2009 came up for hearing on 4.11.2009, 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 B.A. NOS.6358, 6359 & 6360 OF 2009 :: 2 :: before the investigating officer at 9 AM on 8th and 9th November, 2009. Post on 16.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.281 of 2009 of Vallikunnam Police Station, Alappuzha. The petitioner shall produce copy of this order before the investigating officer.” Similar orders were passed on 4.11.2009 in B.A.Nos.6359 and 6360 of 2009. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the orders dated 4.11.2009 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 orders dated 4.11.2009 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 B.A. NOS.6358, 6359 & 6360 OF 2009 :: 3 :: the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- in each case 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 Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/