IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5299 of 2009() ----------------------------- CRIME NO.1449 OF 2009 OF NEDUMBASSERY POLICE STATION PETITIONER/ACCUSED -------------------------------------- SABU.K.C., AGED 36 YEARS, S/O.CHANDY, KARINGEN HOUSE, CHANDRAPURA, MANJAPRA P.O., ANGAMALY-683 581. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5299 of 2009 --------------------------------------------- Dated this the 16th day of October, 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.1449 of 2009 of Nedumbassery Police Station. 2. The offences alleged against the petitioner are under Sections 304 and 337 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 22nd September, 2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, 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 on 29.9.2009 and 30.9.2009 at 9 A.M. Post on 5.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then in connection with Crime BA No. 5299/2009 2 No.1449 of 2009 of Nedumbassery Police Station.” 4. On 5.10.2009, when the Bail Application was taken up for hearing, it was submitted by the learned Public Prosecutor that the petitioner did not fully co-operate with the investigating officer. Therefore, a further direction was issued to the petitioner to appear before the investigating officer on 12.10.2009. 5. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction fully. 6. 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; BA No. 5299/2009 3 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 csl BA No. 5299/2009 4 Hand over copy to both sides.