IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2171 of 2009() ----------------------------- CRIME NO.53/09 OF POOVAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- YESUKUNJU,S/O.YAGAPPAN,AGED 48 YEARS, IRIKKALUVILA,THIRUPURAM VILLAGE, POOVAR.PO, THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE,POOVAR POLICE STATION,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2171 of 2009 ----------------------------------------- Dated this the 27th May, 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 accused in Crime No. 53/09 of Poovar Police Station. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The de facto complainant is the brother of the accused. The allegation is that the petitioner snatched away a gold chain owned by the de facto complainant and also caused injuries on the body of the de facto complainant. 4. Learned Public Prosecutor submitted that the petitioner is involved in other case as well. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 BA.2171/09 2 event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month 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 AM and 11 AM on all 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. BA.2171/09 3 F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.