IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8142 of 2011() ----------------------------- CRIME NO.1107/2011 OF KORATTY POLICE STATION PETITIONER/ACCUSED --------------------------- JOLLY, AGED 53 YEARS, S/O.JOSEPH, PULICKALL (HOUSE), KINFRA PARK P.O. MURINGOOR, CHALAKKUDY, THRISSUR DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8142 of 2011 --------------------------- Dated this the 1st day of December, 2011 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.1107 of 2011 of Koratty Police Station. 2. The offences alleged against the petitioner are under Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act. 3. When the Bail Application came up for admission on 21.11.2011, the following order was passed : “3. The petitioner is conducting a restaurant. The allegation is that two juveniles were engaged in the restaurant for hazardous job. 4. The learned counsel for the petitioner submitted that the boys belong to Assam and they produced documents to show that they have attained majority. Bona fide BA 8142/11 2 believing that the boys are majors, they are accommodated in the restaurant run by the petitioner. 5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 25.11.2011 and 26.11.2011. 6. Post on 1.12.2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1107 of 2011 of Koratty Police Station, till 4.12.2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 21.11.2011 has been BA 8142/11 3 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 21.11.2011 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- (Rupees Ten Thousand only) 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) 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; BA 8142/11 4 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 csl