IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3658 of 2011() ---------------------------------- (CRIME NO. 954/2011 OF KOTTARAKKARA POLICE STATION) ..... PETITIONER/ACCUSED --------------------------- LIJITH, S/O. VENUGOPAL, LEENA BHAVAN, VILAPPURAM, THAZHAMTHEKKU, CHIRAKKARA VILLAGE, CHATHANOOR, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KOTTARAKKARA RURAL, KOLLAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. --------------------------- B.A.No.3658 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the accused in Crime No.954/2011 of Kottarakkara Police Station. It was registered under Section 353 IPC. This application is for pre-arrest bail. 2. The allegations are that the petitioner was driving a motor bike and it was escorting a tipper lorry bearing Regn.No.KL-02/AC 9379, which was used for transporting sand. The allegation is that the petitioner intercepted or blocked the vehicle of the RDO and thus obstructed seizure of the lorry, in which sand was illegally transported. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. The learned counsel submits that the petitioner was unaware of the fact that the tipper lorry was used for illegal transporting of sand and the motor cycle, which he had ridden, happened to be in front of the RDO's vehicle due to traffic block. Though that plea B.A.No.3658 /2011 2 cannot be accepted as such, still considering all aspects the following directions are issued. 4. The petitioner shall surrender before the Kottarakkara Police Station on 26/05/2011 and after interrogation, he shall be produced before the concerned Magistrate. If further interrogation is not required and if the Magistrate is satisfied that the bail is to be granted it shall be only on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM and 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he B.A.No.3658 /2011 3 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the JFCM Court concerned without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. This Bail Application is disposed of as above. N.K.BALAKRISHNAN (JUDGE) jg