IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6144 of 2011() ----------------------------- CRIME NO.755/2011 OF OLLUR POLICE STATION THRISSUR DISTRICT. PETITIONER:ACCUSED -------------------- SURESH K.B, AGED 35, S/O.KODILINGAL BALAN, KODILINGAL HOUSE, NADATHARA VILLAGE MINOR ROAD, THRISSUR TALUK. BY ADV. SRI.C.A.ANOOP RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER OLLUR POLICE STATION 680 306. ADDL.3 rd RESPONDENT :- SUDHAKARAN, AGED 49 YEARS, S/O.KUNJAYAPPAN, MADATHIPARAMBIL HOUSE, NADATHARA VILLAGE, THRISSUR DISTRICT. (ADDL.3rd RESPONDENT IMPLEADED AS PER ORDER DATED 29/08/2011 IN CRL.M.Appln.No.5612/2011) PUBLIC PROSECUTOR SRI.V.MANU ADV. SRI.A.X.VARGHESE FOR R3 SRI.A.V.JOJO FOR R3 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6144 of 2011 ---------------------------------------------- Dated this the 29th day of August, 2011 ORDER This is an application for anticipatory bail filed by Suresh.K.B, who is one of the accused in Crime No.755 of 2011 of the Ollur Police Station, Thrissur District. It is stated that originally, the petitioner was arrayed as the second accused. The learned Public Prosecutor submitted that from the case diary, it is seen that the petitioner is now accused No.1 in the case. 2. The offences alleged against the petitioner are under Sections 341, 324 and 308 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 02/08/2011, 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 should be directed to appear before the investigating officer. Accordingly, there Bail Appln.No.6144/2011 : 2 : will be a direction to the petitioner to appear before the investigating officer on 6th and 7th August, 2011. 5. Post on 11th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.755 of 2011 of the Ollur Police Station, till 11th August, 2011”. 4. As per the order of this Court in Crl.M.Appln.No.5172 of 2011 dated 11/08/2011 the petitioner was permitted to surrender before the Investigating Officer either on 17th or 18th August, 2011, in compliance with the order dated 2nd August, 2011. 5. It is submitted by the learned counsel for the petitioner that the direction in the order dated 11/08/2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 11/08/2011 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 Bail Appln.No.6144/2011 : 3 : only) 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 Monday, 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 skj