IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 4500 of 2009 CRIME NO.276 OF 2009 OF KARAMANA POLICE STATION PETITIONER/19TH ACCUSED ------------------------------------------- SHIBU, S/O.MANIYAN, KONIMUDUMBIL VEEDU, EDAGRAM, KARUMAN P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4500 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.19 in Crime No.276 of 2009 of Karamana Police Station. 2.The offences alleged against the accused persons are under Sections 3, 4, 5, 6 and 7(2) of the Immoral Traffic (Prevention) Act. 3. When the Bail Application came up for hearing on 15.9.2009 the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner should be permitted to appear before the investigating officer on 24.9.2009 and 25.9.2009 at 9 AM. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at on 24.9.2009 and 25.9.2009 at 9 AM. B.A. NO. 4500 OF 2009 :: 2 :: Post on 30th September, 2009. The learned Public Prosecutor submitted that the petitioner will not be arrested until further orders in connection with the Crime No.276 of 2009 of Karamana Police Station.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the directions in the order dated 15.9.2009. 5. 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 release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 4500 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on 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 ahz/