IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5353 of 2011(B) ------------------------------------------ [CRIME NO.140/2011 OF BEKAL POLICE STATION, KASARGODE DISTRICT] ......... PETITIONER/2ND ACCUSED: ----------------------------------------- KAMESH, AGED 20 YEARS, S/O. KARUNAKARAN, RESIDING AT KOVVAL HOUSE, KOPPAL, UDMA-SOUTH.P.O, KASARAGOD DISTRICT. BY ADV. SRI.T.R.RAVI. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T.SANKARAN, J. ------------------------------- B.A.No.5353 of 2011 ------------------------------ Dated this the 25th day of July, 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 second accused in Crime No.140 of 2011 of Bekal Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 506(ii), 427 and 435 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 11th July, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner B.A.No.5353 of 2011 2 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 18th and 19th July, 2011. 5. Post on 25th July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.140 of 2011 of Bekal Police Station till 27th July, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 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 11th July, 2011 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 11th July, 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 the 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 B.A.No.5353 of 2011 3 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 every Monday for one month. 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. cms