IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5155 of 2011() ----------------------------- CRIME NO.1360/2011 OF HILL PALACE POLICE STATION, THRIPUNITHURA PETITIONER : ------------------- M.J.JOSE, MAMPILLY, EROOR SOUTH, THRIPUNITHURA. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5155 of 2011 --------------------------- Dated this the 5th day of July, 2011 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 sole accused in Crime No.1360 of 2011 of Hill Palace Police Station. 2. The offence alleged against the petitioner is under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The prosecution case is that the petitioner employed a minor child, aged 10 years, in his house for the purpose of hazardous employment. 4. The petitioner states that his wife had undergone an open heart surgery and for looking after her, the mother of the minor child was employed as the home nurse. While she was BA 5155/2011 2 working in the house of the petitioner, her child, the alleged victim, was also residing in the petitioner's house. Thereafter, when the mother of the child had to go for other duties, she entrusted the child to the petitioner for a short stay in the house of the petitioner. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 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 ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA 5155/2011 3 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) Before the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular 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