IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6895 of 2011() ----------------------------- Crime No.1356 of 2011 of Thrissur Town East Police Station. PETITIONER/ACCUSED: --------------------------------------- M.P.PAUL @ KOCHU PAUL, S/O.PORINJU, MEKKATTUKULAM HOUSE, KIZHAKKUMPATTUKARA, THRISSUR EAST. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THROUGH-THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6895 OF 2011 --------------------------------- Dated this the 29th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.1356 of 2011 of Thrissur Town East Police Station. 2. The offence alleged against the petitioner is under Section 26 of the Juvenile Justice(Care and Protection of Children) Act, 2000. 3. The allegation is that two juveniles were found engaged in the house of the petitioner for domestic work. The juveniles belong to Orissa and Andhra Pradesh. 4. The learned counsel for the petitioner submitted that the girls had attained majority at the relevant time. Election identity card of a girl and Transfer Certificate and B.A. No.6895 OF 2011 2 Conduct Certificate of the other girl are produced to show that they had attained majority. 5. The learned counsel for the petitioner submitted that the petitioner underwent a major heart surgery in 2007 and if he is arrested and detained, he would be put to great hardship and injury. The learned counsel also submitted that even if all the allegations are taken as true, no offence under the Juvenile Justice(Care and Protection of Children) Act are made out. It is submitted that there is no allegation that the girls were employed for any hazardous employment. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 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: B.A. No.6895 OF 2011 3 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. 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. cms