IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 4TH MAY 2007 / 14TH VAISAKHA 1929 Bail Appl..No. 2631 of 2007() ------------------------------------ (CRIME NO.753/06 OF CHAVARA POLICE STATION) PETITIONER/IST ACCUSED --------------------------------------- MANIKANDAN, S/O.GANGADHARAN, UMMAKKUNNEL, PATHMANA VILLAGE, THOTTUMKARA VEEDU, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.Balachandran, J. ------------------------------------ B.A.No. 2631 of 2007 ------------------------------------ ORDER This is an application for anticipatory bail filed under Section 438 Cr.P.C. 2. The petitioner is the first accused in Crime No.753/06 of Chavara Police station, registered for offence under Section 326 IPC. The offence in the case is alleged to have been committed on 30.9.2006. Till now the Investigating Agency could not apprehend the petitioner and it appears that without the assistance of the court, the Investigating Agency will not be able to apprehend the petitioner. In the circumstances, I allow this bail application and direct: (i) the petitioner to surrender before the learned Magistrate concerned positively within fifteen days from today; BA 2631/07 2 (ii) on such surrender and on his depositing, by way of cash security, an amount of Rupees ten thousand and executing bail bond for Rupees twenty thousand with two solvent sureties each for like sums to the satisfaction of the learned Magistrate concerned, the petitioner shall be enlarged on bail; (iii) on such release the petitioner shall co- operate with the investigation in the case and shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Tuesdays and Fridays for a period of two months and thereafter on all Tuesdays only, till the investigation in the case is over and final report is laid; and (iv) the grant of anticipatory bail shall not stand in the way of the learned Magistrate granting custody of the petitioner to the Investigating Officer for questioning, if the Investigating Agency so asks for and the learned Magistrate deems it fit to grant, considering the circumstances of BA 2631/07 3 the case. 4th May, 2007 (K.P.Balachandran, Judge) tkv