IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 7072 of 2011 CRIME NO.1529 OF 2011 OF HILL PALACE POLICE STATION, ERNAKULAM. PETITIONER: ACCUSED --------------------------- VIKRAMAN, S/O.SHANKARAN, AGED 44 YEARS, PERUMTHODU, TRIPUNITHURA THEKKUMBHAGOM, TRIPUNITHURA P.O., ERNAKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.M.F.MOHAMMOD SIYAD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7072 of 2011 ------------------------------------------------------ Dated this the 4th day of October, 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 accused in Crime No.1529 of 2011 of Hill Palace Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 452, 324 and 294(b) of the Indian Penal Code. 3. When the Bail Application came up for admission on 7th September, 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 offence, 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 Bail Appl. NO.7072 of 2011 :: 2 :: will be a direction to the petitioner to appear before the investigating officer on 14th September, 2011. 5. Post on 20th September, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1529 of 2011 of Hill Palace Police Station, Ernakulam District, till 23rd September, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 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 7th September, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 7th September, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail Bail Appl. NO.7072 of 2011 :: 3 :: 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; 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 ahz/