IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2806 of 2009 CRIME NO.478 OF 2009 OF THODUPUZHA POLICE STATION CRMP.1358/2009 OF SESSIONS COURT,THODUPUZHA PETITIONER/ACCUSED -------------------------------------- KARIM,AGED 55 YEARS,S/O.MAITHEEN, THEKKEPULLOLIL HOUSE, PUTHUCHIRA BHAGOM, THODUPUZHA VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2806 OF 2009 ------------------------------------------------------ Dated this the 4th June, 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. 478 of 2009 of Thodupuzha Police Station. 2. The offence alleged against the petitioner is under Section 411 of the Indian Penal Code. 3. The prosecution case is that from May 2008 onwards the petitioner purchased stolen articles, namely, cooking gas cylinders and rubber roller. The persons who had given the stolen articles to the petitioner are the accused persons in C.C.No.117 of 2008 on the file of the Court of the Chief Judicial Magistrate, Thodupuzha and the accused in Crime No.461 of 2009 of Thodupuzha Police Station. Learned Public Prosecutor submitted that in one of those cases, the petitioner is a witness. The petitioner apprehends arrest in Crime No.478 of 2009, which is initiated only against the petitioner for the offence under Section 411 of the Indian Penal Code. 4. Taking into account the facts and circumstances of the case, B.A. NO. 2806 OF 2009 :: 2 :: 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 A.M. and 11 A.M. on all 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) 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/