IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Bail Appl..No. 7114 of 2008(D) ------------------------------------- CRIME NO.21/2008 of KASARAGOD RAILWAY POLICE PETITIONER/ACCUSED : ---------------------------- LAJEESH.K.B, S/O.BALAN, LECTURER, INSTITUTE OF CHARTERED, ANALIST OF INDIA, RESIDING AT KALIYARAMBIL HOUSE, PACHAKKODE, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7114 OF 2008 ---------------------------------- Dated this the 9th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 of I.P.C. Petitioner allegedly committed theft of one Nokia mobile phone, while he was travelling in a train. 3. Petitioner is working as a Lecturer and he is possessing M.Phil. degree. He is also doing his Ph.D. He was involved in various theft cases. During the pendency of other bail applications, petitioner was ordered to be produced from the jail and a discussion was held by this court with him, in the presence of the learned counsel for petitioner, learned Public Prosecutor and petitioner's brother. In the peculiar facts and circumstances of the case and in the light of an affidavit filed by petitioner's brother that petitioner will be taken to NIMHANS etc., bail was granted in those cases. Now a petition is filed accompanied by the affidavit of the petitioner's father stating that petitioner is being treated in NIMHANS, Bangalore and he may be allowed to take his son for the B.A.No.7114 of 2008 2 treatment to NIMHANS and that anticipatory bail may be granted etc. On hearing both sides, in the peculiar facts and circumstances of this case, I find that it is likely that if petitioner is arrested in connection with this crime, he will be remanded and such detention will not serve any purpose. Petitioner is prepared to settle the dispute with the defacto complainant and it is only just and proper that in the peculiar facts and circumstances, he is granted anticipatory bail. Hence, the following order is passed : Petitioner shall appear before the Magistrate court concerned within ten days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the investigating officer within four days from the date of release on bail and co-operate with the investigation and make himself B.A.No.7114 of 2008 3 available for interrogation. ii) Petitioner shall report before the investigating officer as and when directed. iii) Petitioner shall not influence or intimidate any witness or tamper with evidence while on bail. The petition is allowed. K.HEMA, JUDGE pac