IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6260 of 2011(S) ------------------------------ CRIME NO.458/2011 OF ERAVIPURAM POLICE STATION KOLLAM DISTRICT PETITIONER/ACCUSED NO.1 ------------------------- SREESIVAN, AGED 18 YEARS, S/O.SUDARSANAN, 'DEEPAM', MULLUVILA, NADAKEVILA.P.O, VADAKEVILA VILLAGE, KOLLAM TALUK, KOLLAM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN S.REEDHAR SRI.ANEISH S. SRI.ARUN KRISHNADHAN SRI.JOSEPH GEORGE MULLAKKARIYIL SRI.K.RATHEESH KUMAR RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6260 of 2011 ---------------------------------------------- Dated this the 24th day of August, 2011 ORDER 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.458 of 2011 of Eravipuram Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 341, 323, 324, 326, 294(b), 506 and 427 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 11/08/2011, the following order was passed: “3. The date of occurrence was on 23.4.2011. The de facto complainant sustained fracture below the left elbow. It is submitted that the overt act resulting in fracture is attributable to accused No.2. The learned counsel for the petitioner submitted that accused No.1 had not attained the age of 18 years on the date of the incident. The counsel submitted that the date of birth of accused No.1 is 26.5.1993. The allegation is that accused No.1 slapped on the face of the de facto complainant. 4. Taking into account the facts and circumstances of the case and the nature of the Bail Appln.No.6260/2011 : 2 : 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 18.8.2011 and 19.8.2011. 5. Post on 24.8.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.458 of 2011 of Eravipuram Police Station, till 26.8.2011. 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 as well as the learned Public Prosecutor that the direction in the order dated 11/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 11/08/2011 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 Appln.No.6260/2011 : 3 : 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 for a period of two months 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 skj