IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4179 of 2009() ----------------------------- CRIME NO.682/2009 OF KUNDARA POLICE STATION. PETITIONER/ACCUSED (STATUS NOT MENTIONED IN FIR): ---------------------------------------------------------------------------------------- SAMSON K.M.,S/O.MATHEW, KOMPADIYIL HOUSE,EAST KALLADA,KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPETOR OF POLICE, KUNDARA POLICE STATION,THIRUVANANTHAPURAM DIST., THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4179 of 2009 ------------------------------------ Dated this the 10th day of August, 2009 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 6th accused in Crime No.682/2009 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 read with Section 34 of the Indian Penal Code. 3. I have perused the Case Diary. The only allegation levelled against the petitioner is that the victim was taken in his vehicle for a short distance. The victim was dropped at the residence of the friend of the first accused. The victim was taken to several other places by the first accused, according to the prosecution. In all those incidents, the 6th accused is not a party. 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 B.A. No. 4179 / 2009 Page numbers arrest of the petitioner, the officer in charge of the police station shall release him on bail 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 every 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 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm