IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3581 of 2011() ---------------------------------- (CRIME NO.378/2010 OF PERAVOOR POLICE STATION, KANNUR) .................... PETITIONER/ACCUSED NO.2 --------------------------------- JOSE @ JOHNSON, S/O.CHERIAN, AGED 37 YEARS, NAMBUDAKAM HOUSE, KOTTIYOOR AMSOM DESOM, KOTTIYOOR, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATION HOUSE OFFICER, PERAVOOR POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. MRREA K THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- B.A.No. 3581 OF 2011 -------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioner is the 2nd accused in Crime No.378/2010 of Peravoor Police Station. It was registered under Sections 143, 147, 148, 452, 323, 354, 509 and 427 read with 149 I.P.C. This application is for pre-arrest bail. 2. It is stated that on 13.10.2010 at about 20.00 hrs. the petitioner and the other accused in this case formed themselves into an unlawful assembly, armed with deadly weapons, trespassed into the residence of the de facto complainant and caused hurt to her. It is further alleged that the petitioner and the other accused outraged the modesty of the de facto complainant. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 4. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioner will surrender before the B.A.No. 3581 OF 2011 : 2 : investigating officer on 23.05.2011. The investigating officer after interrogation will produce the petitioner before the Magistrate. If interrogation is over, the learned Magistrate will grant bail to the petitioner on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum. However, the petitioner shall be released only on the following further conditions: i. The petitioner 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 until further orders. ii. The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The petitioner 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 B.A.No. 3581 OF 2011 : 3 : such facts to the court or to any police officer or tamper with the evidence. iv. The petitioner and the sureties shall not leave the jurisdiction of the Court concerned, without the prior permission of the learned Magistrate. v. 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. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE dmb