IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3675 of 2009 CRIME NO.381 OF 2008 OF NEMOM POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- SAJITH,S/O.SOMAN NAIR,MINI NIVAS, NIRAPPIL VILA,KANNAMKODE, NURUVAMOODU,TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3675 OF 2009 B ------------------------------------------------------ Dated this the 8th July, 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 accused No.2 in Crime No.381 of 2008 of Nemom Police Station. 2. The offences alleged against the petitioner are under Sections 506(II) read with Section 34 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The allegation is that the accused persons hurled crackers to the house of the de facto complainant. It is submitted by the learned counsel for the petitioner that the brother of the third accused was murdered by the husband of the de facto complainant. In the present case, the enmity stated is that incident. 4. 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 the arrest of the petitioner, the officer in charge of the B.A. NO. 3675 OF 2009 :: 2 :: police station shall release him on bail 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 A.M. and 11 A.M. 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) 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 ahz/