IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 4538 of 2009() ---------------------------------------- CRIME NO.831/2009 OF KODUNGALLUR POLICE STATION. PETITIONER/ACCUSED: -------------------------------- T.N.SIDHARTHAN,S/O.NARAYANAN,AGED 56 YRS THEKKUMTHOTTATHIL,VADAKKUMPURAM.P.O,NORTH PARAVOOR ERNAKULAM.NOW RESIDING AT THEKKOMTHOTTATHIL, EDAVILANGU,KODUNGALLUR. BY ADV. SRI.B.PREMOD RESPONDENTS/COMPLAINANT: ------------------------------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKKUDA. 2. SUB INSPECTOR OF POLICE,KODUNGALLUR. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4538 of 2009 ------------------------------------ Dated this the 6th day of October, 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 the accused in Crime No.831/2009 of Kodungallur Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Crime No.831/2009 was registered by Kodungallur Police Station accordingly. 4. When the Bail Application came up for hearing on 22/9/2009, 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 B.A. No. 4538/2009 2 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 29th and 30th September, 2009. Post on 6/10/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 831 of 2009 of Kodungallur Police Station.” 5. The learned counsel for the petitioner as well as the learned Public Prosecutor submitted that the petitioner has complied with the directions in the order dated 22/9/2009. 6. 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 a bond for Rs.15,000/-with two B.A. No. 4538/2009 3 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 scm