IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5638 of 2011() ----------------------------- CRIME NO.220/2011 OF CHALISSERY POLICE STATION, PALAKKAD PETITIONER/ACCUSED: ---------------------------- SHEMIRUDDEEN, S/O.MOIDEEN, SUPERVISOR, RAJA RUBBER ESATE, PERUMANNUR, CHALISSERY. BY ADV. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENT(S): COMPLAINANT/STATE --------------------------------------------- STATE OF KERALA, (CIRCLE INSPECTOR OF POLICE, PATTAMBI) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5638 of 2011 --------------------------- Dated this the 18th day of July, 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 sole accused in Crime No.220 of 2011 of Chalissery Police Station, Palakkad. 2. The offence alleged against the petitioner is under Section 26 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is that on 6.7.2011, the petitioner, a supervisor of a rubber estate, engaged a boy, aged 16 years, for hazardous work in the rubber estate. The petitioner apprehends arrest. According to the petitioner, the boy is aged 18 years, as evidenced by Annexure B identity card (True translation is Annexure C) issued by the Chief Ward BA 5638/2011 2 Commissioner, Sub Divisional Development Officer, Bihar in which the age of the boy is shown as 18 years as on 20.2.2011. 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall 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; BA 5638/2011 3 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 csl