IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 2378 of 2009() ----------------------------- CRIME NO.176/2009 OF KUNNIKODE POLICE STATION PETITIONER (S): ACCUSED -------------------- JOHNKUTTY, AGED 55, S/O. DANIEL, VRINDAVANAM, ELAMPAL, PUNALUR, KOLLAM DIST. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, KUNNIKODE POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2378 of 2009 --------------------------------------------- Dated this the 2nd day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.176 of 2009 of Kunnikode Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 353 of the Indian Penal Code. 3. The prosecution case is that the petitioner abused the police party and asked them whether they could only park the police vehicle in front of his house. 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 on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.2378/2009 2 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; 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