IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 Bail Appl..No. 7270 of 2009 CRIME NO.514 OF 2009 OF NADAKAVU POLICE STATION, CALICUT. PETITIONER/ACCUSED -------------------------------------- SAILESH PRABHU, AGED 40 YEARS, S/O.R.D.PRABHU, TULASI COTTAGE, CHEMBAKA HOUSING COLONY, CHALAPURAM, CALICUT. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE S.I. OF POLICE, NADAKAVU POLICE STATION, CALICUT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7270 OF 2009 ------------------------------------------------------ Dated this the 12th day of March, 2010 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.514 of 2009 of Nadakavu Police Station, Calicut. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 25.2.2010, 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 AM on 7th March, 2010. The petitioner shall produce a copy of the order before the investigating officer. B.A. NO. 7270 OF 2009 :: 2 :: Post on 12th March, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.514 of 2009 of Nadakavu Police Station, Calicut.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 25.2.2010 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 25.2.2010 has been complied with by the petitioner, 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.10,000/- 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.A. NO. 7270 OF 2009 :: 3 :: 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 ahz/