IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6559 of 2011() ----------------------------- AGAINST THE ORDER DATED 06/08/2011 IN ORDER IN CRMP.2168/2011 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. CRIME NO.136/2011 OF RAMANKARY POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONER/9th ACCUSED ------------------------- RAJEEV @ KOCHAPPAN.S/O.CHELLAPPAN, ERUPATHILCHIRA,RAMANKARY PANCHAYATH WARD NO.1, RAMANKARY VILLAGE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6559 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.136 of 2011 of Ramankary Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 324, 323 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 20/08/2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offences, 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 25/08/2011 and 26/08/2011. 5. Post on 31/08/2011. Bail Appln.No.6559/2011 : 2 : 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.136 of 2011 of Ramankary Police Station, till 03/09/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 20/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 20/08/2011 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/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appln.No.6559/2011 : 3 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate 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) 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 skj True copy P.A. to Judge