IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 7565 of 2009() ----------------------------------------- (CRIME NO.373/08 OF KAZHAKOOTAM POLICE STATION, THIRUVANANTHAPURAM) PETITIONER/49TH ACCUSED: ------------------------------------------- ALBERT FERNANDEZ,S/O.CLETUS FERNANDEZ, CHIRAYIL HOUSE,VILAYIKULAM,KAZHAKOOTAM, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/02/2010 ALONG WITH BA.NO.7569 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. Nos. 7565 & 7569 of 2009 ------------------------------------ Dated this the 24th day of February, 2010 O R D E R When these Bail Applications came up for hearing on 10/02/2010, the following order was passed: “ These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.49 in Crime Nos.373 of 2008 and 374 of 2008 of Kazhakootam Police Station. 2. The offences alleged against the petitioner in Crime No.373 of 2008 are under Sections 143, 147, 148, 149, 332 and 307 read with Section 149 of the Indian Penal Code and Section 38 read with Section 52 of the Kerala Police Act. The offences alleged against the petitioner in Crime No.374 of 2008 are under Sections 143, 147, 148, 149, 452, 436, 395 and 427 of the Indian Penal Code and Sections 3 and 5 of the Explosives Substances Act. 3. The disputes relate to the functioning of a B.A. Nos. 7565 & 7569 of 2009 2 clay factory. There was an agitation by the people of the locality against the functioning of the clay factory. Series of clashes took place. 4. As per the order dated 24th March, 2009 in Bail Application Nos.1419 of 2009 and 1411 of 2009, anticipatory bail was granted to accused Nos.2 and 4 in the crimes. 5. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 17.2.2010 and 18.2.2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 24.2.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime Nos.373 of 2008 and B.A. Nos. 7565 & 7569 of 2009 3 374 of 2008 of Kazhakootam Police Station.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 10/02/2010. 3. 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 bond for Rs.15,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays for a period of two months; 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; B.A. Nos. 7565 & 7569 of 2009 4 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. Bail Applications are allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm