IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 5663 of 2009() ----------------------------- CRIME NO.1291/2009 OF THRIKKAKARA POLICE STATION PETITIONER : ACCUSED ------------------------------ RAJESH AGED 22 YEARS, S/O.KUTTINANU MARATHOOTHARA,KEDAMANGALM, N, PARAVUR, ERNAKULAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING STATION HOUSE OFFICER THRIKKAKARA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5663 of 2009 --------------------------------------------- Dated this the 28th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1291 of 2009 of Thrikkakara Police Station. 2. The offences alleged against the petitioner are under Sections 452, 341, 506(ii) and 323 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 8th October, 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 before the investigating officer at 9 A.M. on 15.10.2009 and 16.10.2009. Post on 21.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.1291 of 2009 of Thrikkakara Police Station.” BA No.5663/2009 2 4. The learned counsel for the petitioner as well as the learned Public Prosecutor submitted that the petitioner has complied with the direction in the order dated 8.10.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 on his executing bond for Rs.15,000/- 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 Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl BA No.5663/2009 3 K.T.SANKARAN, J. ---------------------------------------------- B.A.No.5663 of 2009 --------------------------------------------- Dated this the 8th day of October, 2009 ORDER 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 before the investigating officer at 9 A.M. on 15.10.2009 and 16.10.2009. Post on 21.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.1291 of 2009 of Thrikkakara Police Station. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.