IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6692 of 2011 CRIME NO.864 OF 2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED --------------------------------------- RATHEESH.B,S/O.BHASKARAN, MANAKKADAN PALLIPADEETHATHIL,EREZHA SOUTH, PERINGALA VILLAGE,CHETTIKULANGARA PANCHAYATH, ALAPPUZHA DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT: --------------- STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, PALAKKAD DISTRICT REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM ,PIN 682 031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6692 of 2011 ------------------------------------------------------ Dated this the 2nd day of September, 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.864 of 2011 of Kayamkulam Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 452, 324, 323, 294(b) and 354 of the Indian Penal Code. 3. The prosecution case is that on 19.6.2011 at 1.30 P.M., the accused trespassed into the house of the de facto complainant and assaulted her and her son and, in the course of the same, he outraged the modesty of the de facto complainant. The FIR was lodged on 3.8.2011. 4. When the Bail Application came up for admission on 23rd August, 2011, the following order was passed: Bail Appl. NO.6692 of 2011 :: 2 :: “5. 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 will be a direction to the petitioner to appear before the investigating officer on 26th and 27th August, 2011. 6. Post on 2nd September, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.864 of 2011 of Kayamkulam Police Station, till 5th September, 2011. 8. 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.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 23rd August, 2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the Bail Appl. NO.6692 of 2011 :: 3 :: case, the nature of the offence and also taking note of the fact that the direction in the order dated 23rd August, 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, for a period of two months; 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/