IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5592 of 2011() ----------------------------- CRIME NO.463/2011 OF KALLAMBALAM POLICE STATION THIRUVANANTHAPURAM DISTRICT PETITIONER/A4 ------------------- DEEPU M., AGED 28, S/O.MADHAVAN, 'POORADAM', VELAMKONAM, PANAYARA, CHEMMURATHI VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU[ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5592 of 2011 ---------------------------------------------- Dated this the 02nd day of August, 2011 ORDER 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.463 of 2011 of Kallambalam Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 394 and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 22/07/2011, the following order was passed: “3. The prosecution case is that on 29.4.2011 at mid night, accused Nos.1 and 2 broke open the door of the house of the defacto complainant and committed theft of DVD player, Chinese Mobile Phone and `4,000/-(Rupees four thousand only). It is alleged that accused Nos.3 and 4 waited outside. 4. The allegation against the petitioner is that he waited outside. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the case and there is no material to connect him with the offence. The counsel also submitted that the petitioner is prepared to cooperate with the investigation. 5. Taking into account the facts and circumstances of the case and the nature of the Bail Appln.No.5592/2011 : 2 : offence, I am of the view that before considering the question of granting 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 27th and 28th July, 2011. 6. Post on 2nd August, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.463 of 2011 of the Kallambalam Police Station, till 2nd August,2011.” 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 22/07/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 22/07/2011 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 the 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: Bail Appln.No.5592/2011 : 3 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge