IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5125 of 2009() -------------------------------------- CRIME NO.243/2009 OF KANNUR TOWN POLICE STATION, KANNUR .................... APPLICANT/ACCUSED NO.2: --------------------------------------------- JIJIL.M, S/O JAYAGOPAN, AGED 19 YEARS, PARAPPURAM HOUSE, P.O.PALLIKKUNNU, KANNUR. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE STATION HOUSE OFFICER, KANNUR TOWN WEST POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A. No. 5125 of 2009 ------------------------------- Dated this the 7th day of October, 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 second accused in Crime No.243 of 2009 of Kannur Town Police Station. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. I have gone through the case diary. Bail was granted to accused Nos.3,6, 7 and 8. It is submitted by the learned counsel for the petitioner that the petitioner is a student. 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 police station shall release him on bail on his executing a bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following B.A. No. 5125 / 2009 2 conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 scm