IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9023 of 2011() ----------------------------- CRIME NO.2765/11 OF KARUNAGAPPALLY POLICE STATION, KOLLAM PETITIONER (S): ACCUSED NO.2 -------------------------------------- ABDUEL REHMAN, S/O.NUHUKKANNU, INFA INTERNATIONAL, CHIRAYANKEEZHU RESIDING AT R.S.MANZIL, KATTUPURKKAL MUKLAVAM PO, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9023 of 2011 --------------------------- Dated this the 6th day of December, 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.2765 of 2011 of Karunagappally Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23.11.2011, the following order was passed : “The petitioner apprehends arrest in a crime registered at Karunagappally Police Station at the instance of one Sudha. Learned Public Prosecutor submitted that on the petition submitted by Sudha alleging offence under Section 420 of the Indian Penal Code, Annexure A3 notice was issued to the petitioner to appear on 28.10.2011 before the Assistant Commissioner of Police, Karunagappally. The petitioner did not appear. Instead, BA 9023/11 2 he filed this application for anticipatory bail. Learned Public Prosecutor submitted that the petition was forwarded to the Karunagappally Police Station. 2. Learned counsel for the petitioner submitted that the petitioner is prepared to appear before the Sub Inspector of Police, Karunagappally for interrogation on any date fixed by the Court. His only concern is that he should not be arrested. 3. In the facts and circumstances of the case, there will be a direction to the petitioner to appear before the Sub Inspector of Police, Karunagappally Police Station on 28th November, 2011 between 9 A.M. and 11 A.M. There will also be a direction that the petitioner shall not be arrested in connection with any crime to be registered on the basis of the petition filed by Sudha alleging offence under Section 420 of the Indian Penal Code, for a period of ten days. 4. Post on 2nd December, 2011. 5. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” BA 9023/11 3 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 23.11.2011 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 23.11.2011 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/- (Rupees Ten Thousand only) 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 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 ; BA 9023/11 4 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 csl