IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 9307 of 2011 CRIME NO.693 OF 2011 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE PETITIONER : ACCUSED: ------------------------------ A.CHENTHAMARAKSHAN, SMIRITHILAYAM,MANANTHRAVIE, MALAPARAMBA,KOZHIKODE BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT: COMPLAINANT: STATE: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9307 of 2011 ------------------------------------------------------ Dated this the 22nd 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.693 of 2011 of Medical College Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 305 of the Indian Penal Code. 3. The petitioner is the Principal of Vedavyasa Vidyalayam, Kozhikode. A student in the 9th standard committed suicide on 29.10.2011 at his residence. The allegation is that the petitioner being the Principal of the school stated to the parents of the said student that he would not be allowed to continue his studies in the school and his Transfer Certificate would be given, on the allegation that he supplied a CD containing an obscene film to another student. It is alleged that the parents of the victim went to the school on Bail Appl. NO.9307 OF 2011 :: 2 :: 29.10.2011 to receive the Transfer Certificate. While they were about to return from the school, they got the news that their son committed suicide. 4. The learned counsel for the petitioner submitted that none of the ingredients of Section 305 read with Section 107 of the Indian Penal Code are made out. The learned Public Prosecutor submitted that the matter is under investigation and that the petitioner is not entitled to any discretionary relief. 5. When the Bail Application came up for admission on 9th December, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the 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 16th and 17th December, 2011. 6. Post on 22nd December, 2011. Bail Appl. NO.9307 OF 2011 :: 3 :: 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.693 of 2011 of Medical College Police Station, Kozhikode District, till 26th December, 2011. 8. 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.” 6. It is submitted by the learned counsel for the petitioner that the direction in the order dated 9th December, 2011 has been complied with by the petitioner. 7. 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 9th December, 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/- Bail Appl. NO.9307 OF 2011 :: 4 :: (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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/