IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2524 of 2009A CRIME NO. 70 OF 2009 OF KORATTY POLICE STATION PETITIONER: ACCUSED --------------------------- MELVIN, S/O. MICHAEL, 19 YEARS, VALIYAMALATHINKAL HOUSE, KADUKUTTY, MUKUNDAPURAM TALUK. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE, KORATTY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2524 OF 2009 A ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner apprehends that he would be made an accused in Crime No.70 of 2009 of Koratty Police Station. Learned Public Prosecutor submits that the petitioner is not arrayed as an accused and that the police only suspects that the petitioner has committed the offence. 2. The offence alleged against the petitioner is under Sections 457 and 380 of the Indian Penal Code. 3. The de facto complainant alleged that the mobile phone belonging to his daughter was stolen. The incident allegedly took place on 31.12.2008. It was reported to the police only on 23.2.2009. The petitioner has a case that he is in love with the daughter of the de facto complainant. On 22.2.2009, the family members of the de facto complainant went for a second show movie. On their return, the petitioner was found in the room of the de facto complainant's daughter and that he was beaten black and blue by the de facto complainant's people. B.A. NO. 2524 OF 2009 :: 2 :: According to him, the attempt of the de facto complainant is to make him an accused in a case involving non-bailable offence and to see that he is put behind the bars. 4. 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 for a period of one month on his executing bond for Rs.25,000/- 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 all Mondays, till the final report is filed or until further orders; 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; B.A. NO. 2524 OF 2009 :: 3 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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/