IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6460 of 2009() ------------------------------------ CRIME NO.352/2009 OF POOJAPURA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/9TH ACCUSED: ------------------------------------------ KIRAN KUMAR T.M., AGED 20 YEARS,S/O.THYAGARAJAN, "SRUTHI",T.C.18/574(1) AARAMADA P.O., PUNNAYKKAMUKAL,THIRUVANANTHAPURAM-32. BY ADV. SRI.RAJIT SRI.P.ANOOP (MULAVANA) RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6460 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.352/2009 of Poojapura Police Station, Thiruvananthapuram. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 294(b), 342, 323, 324 and 325 of the Indian Penal Code and Section 27 of the Arms Act. 3. It is submitted that the offence under Section 27 of the Arms Act, which is the non-bailable offence, is alleged against the first accused alone. However, the petitioner apprehends that he would be arrested and detained in judicial custody. It is also submitted that several other accused persons were arrested and they were released on bail. 4. As per the order dated 14/10/2009 in B.A.No.5848 of 2009, anticipatory bail was granted in favour of accused No.8. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be B.A. No. 6460/2009 2 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 report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed 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 scm