IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 187 of 2010 CRIME NO.1165 OF 2009 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT APPLICANT/ACCUSED ------------------------------------- NISAR, AGED 31, S/O.ABDUL RAHMAN, KAMBLIPARAMBIL HOUSE, THALAKADATHOOR DESOM, CHERIYYAMUNDAM AMSOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, TIRUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 187 OF 2010 ------------------------------------------------------ Dated this the 3rd day of February, 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.1165 of 2009 of Tirur Police Station, Malappuram District. 2. The offences alleged against the petitioner are under Sections 324, 308 and 506(ii) of the Indian Penal Code. 3. When the Bail Application came up for hearing on 20.1.2010, 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 27th and 28th January, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 3rd February, 2010. B.A. NO. 187 OF 2010 :: 2 :: It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.1165 of 2009 of Tirur Police Station, Malappuram.” 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 20.1.2010 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 20.1.2010 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.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 for a period of two months; B.A. NO. 187 OF 2010 :: 3 :: 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 ahz/ Handover