IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6142 of 2011() ----------------------------- CRIME NO.390/2010 OF KULATHOOPUZHA POLICE STATION, KOLLAM PETITIONER/ACCUSED NO.4 ---------------------------------- JINO.M., AGED 23 YEARS, S/O. MATHEKUTTY GEORGE, NIRAPPUVILA VEEDU, (CHANDANA MANDIRAM), THIRUVAZHI, ELAMPAL.P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KULATHOOPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSCUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6142 of 2011 --------------------------- Dated this the 11th 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 accused No.4 in Crime No.390 of 2010 of Kulathoopuzha Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 120B and 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 2.8.2011, 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 BA 6142/2011 2 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 6th and 7th August, 2011. 5. Post on 11th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.390 of 2010 of Kulathoopuzha Police Station, till 11th 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 as well as the learned Public Prosecutor that the direction in the order dated 2.8.2011 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 2.8.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. BA 6142/2011 3 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 ; 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