IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 6744 of 2009() ----------------------------- CRIME NO.47/2009 OF PETTAH POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ K.S.PRAMACHANDRAN, AGD 43 YEARS S/O. SATHYASANTHAN, T.C.79/1298 THOOMPDY VEEDU, KARIKKAM BEACH.P.O. THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, RPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE PETTAH POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6744 of 2009 --------------------------------------------- Dated this the 5th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.47 of 2009 of Pettah Police Station. 2. The offences alleged against the petitioner are under Sections 353, 294(b) and 506(i) read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the inspector of KSRTC City Squad. The allegation is that the de facto complainant was taking note of the parallel service being conducted illegally by certain persons. He was attacked by the accused persons infuriated by this act. 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 BA No.6744/2009 2 release him on bail on his executing bond for Rs.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; The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl