IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2462 of 2009() ----------------------------- CRMP.1088/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.147/09 OF SAKTHIKULANGARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SHAJI,AGED 30 YEARS, S/O.SATYAPALAN, SREEJA MANDIRAM, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2462 of 2009 ----------------------------------------- Dated this the 28th May, 2009 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.147/2009 of Sakthikulangara Police Station. 2. The offences alleged against the petitioner are under Sections 452, 506(2) and 294(b) of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 16.4.2009 at 8.45 PM, the petitioner trespassed into the theatre, in which the person who gave the First Information Statement is the Manager, uttered obscene words and intimidated the employees. The accused also brandished a sword against the viewers after the show. The allegation is that the petitioner was aggrieved by not allowing his friends to view cinema without taking tickets. According to the petitioner, he was an employee in the theatre BA.2462/09 2 and his services were terminated without justifiable reasons. He has questioned the same before the authorities concerned. It is pointed out by learned counsel for petitioner that the incident was on 16.4.2009 and First Information Statement was given only on 18.4.2009. According to the petitioner, the case was foisted against him. On a query, learned Public Prosecutor submitted that no person has sustained any injury. 4. 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 for a period of one month on his executing bond for Rs.50,000/- 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 AM and 11 AM on all Mondays, till the final report is filed or until further orders; BA.2462/09 3 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.