IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5696 of 2011() ----------------------------- CRIME NO.780/2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED : --------------------------- PRATHAPAN.K,AGED 37 YEARS, S/O.KARTHIKEYAN,SREE MANDIRAM,EDAVATTOM, VELLIMON.P.O,(LEKSHMI METALS),MINI INDUSTRIAL ESTATE),PERINADU,KUNDARA. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,ANCHALUMMOODU POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5696 of 2011 --------------------------- Dated this the 5th day of August, 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 accused in Crime No.780 of 2011 of Anchalummoodu Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 135A of the Electricity Act. 3. When the Bail Application came up for admission on 26.7.2011, the following order was passed : “3. The prosecution case is that on 25.6.2011, the Anti Power Theft Squad of the Electricity Board conducted inspection in the industrial unit run by the petitioner. The Squad found unauthorised additional load given by the petitioner in the unit. The Squad also found that the wire from CT coil to the meter was removed. BA 5696/2011 2 4. Learned counsel for the petitioner submitted that a fine of `1,17,281/- was imposed on the petitioner and that the petitioner paid the same under protest. The petitioner filed an appeal before the statutory appellate authority against the order passed by the Anti Power Theft Squad and the appeal is pending. 5. 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 will be a direction to the petitioner to appear before the investigating officer on 1st and 2nd August, 2011. 6. Post on 5th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.780 of 2011 of Anchalummoodu Police Station, Kollam District, till 10th August, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner BA 5696/2011 3 as well as the learned Public Prosecutor that the direction in the order dated 26.7.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 26.7.2011 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall 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 ; BA 5696/2011 4 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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