IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3117 of 2011() --------------------------------- (CRIME NO.377/2011 PARAVUR POLICE STATION, KOLLAM) ..... PETITIONER/ACCUSED ---------------------------- BIJULAL.V., S/O. VASUDEVAN, AGED 30 YEARS, RESIDING AT KOONUMKULITHA VADAKADHIL VEEDU, PUTHAKULAM.P.O., PARAVUR, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LATHA K. THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3117 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 438 of the Criminal Procedure Code for anticipatory bail. 2. The petitioner is the accused in Crime No.377/2011 of Paravur Police Station for the offences punishable under Ss.120(b), 379 and 34 IPC. The allegation against him is that he was involved in a criminal conspiracy and had stolen a tipper lorry. 3. Considering all the aspects, the following directions are issued : The petitioner shall surrender before the learned Magistrate having jurisdiction over the area, within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioner is arrested, he shall be released on bail BA 3117/11 2 on his executing a bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on further conditions as stated below. 1. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 2. The accused shall produce his original passport/s before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. BA 3117/11 3 3. 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 such facts to the court or to any police officer or tamper with the evidence. 4. The accused and the sureties shall not leave the jurisdiction of the JFCM Court concerned, without the prior permission of the learned Magistrate. 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. N.K.Balakrishnan, Judge sta BA 3117/11 4