IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6188 of 2011() ----------------------------- CRIME NO.329/2011 OF PULIKEEZHU POLICE STATION PATHANAMTHITTA DISTRICT (S): PETITIONER/3RD ACCUSED ------------------------------------------ RATHEESH, S/O.RAGHUNATHAN, PURANTHADAMALIYIL HOUSE, NIRANAM VADAKKUMBHAGOM MURI, KADAPRA VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANTS --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6188 of 2011 ---------------------------------------------- Dated this the 17th 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.3 in Crime No.329 of 2011 of Pulikeezhu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 452, 294(b), 324 and 323 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 08/08/2011, the following order was passed: “3. The date of occurrence was on 03/07/2011. The petitioner apprehends arrest. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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 11/08/2011 and 12/08/2011. Bail Appln.No.6188/2011 : 2 : 6. Post on 17/08/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.329 of 2011 of Pulikeezhu Police Station, till 20/08/2011.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 08/08/2011 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 08/08/2011 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: a) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.6188/2011 : 3 : 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 skj