IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7317 of 2009() ---------------------------------- CRIME NO. 236/2009 OF POOVAR POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- T.M.MADHU, AGED 40 YEARS, S/O.THANKAPPAN, NAARAKAM, KANJAMPAZHINJI DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7317 of 2009 ------------------------------------ Dated this the 4th day of January, 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.236/2009 of Poovar Police Station. 2. The offences alleged against the petitioner are under Sections 353, 294(b) and 506(i) of the Indian Penal Code. 3. An order dated 17.11.2009 was passed in the case, directing the petitioner to appear before the investigating officer. Thereafter, on 14.12.2009, the following order was passed: “In B.A. No.6253/2009, an order was passed on 17/11/2009 directing the petitioner to appear before the investigating officer on 20/11/2009 and 21/11/2009. The direction was not complied with and therefore the Bail Application was dismissed by the order dated 25/11/2009. 2. This Bail Application is filed by the petitioner stating that the counsel intimated him to appear before the investigating officer on 29/11/2009 and 30/11/2009 and only B.A. No. 7317 of 2009 2 because of that mistake on the part of the counsel, he could not appear before the investigating officer on the dates fixed by this court. It is submitted that the non-appearance was not wilful. It is submitted that the petitioner is prepared to appear before the investigating officer on any date fixed by the court 3. Taking into account the facts and circumstances of the case, 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 A.M. on 16th and 17th December, 2009. Post on 21/12/2009. 4. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.236 of 2009 of Poovar Police Station, Thiruvananthapuram. The petitioner shall produce copy of this order before the investigating officer. Hand over copy to both sides.” B.A. No. 7317 of 2009 3 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 14.12.2009. 5. 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 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, 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. 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 B.A. No. 7317 of 2009 4 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln