IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6376 of 2011() ----------------------------- Crime No.530 of 2011 of East Kallada Police Station, Kollam District. PETITIONER/6TH ACCUSED ------------------------------------------ HARI, S/O.SURENDRAN, AGED 28 YEARS, GIREESH BHAVAN, THEKE MURI, CHITTUMALA, EAST KALLADA, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6376 of 2011 ---------------------------------------------- Dated this the 26th 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.6 in Crime No.530 of 2011 of East Kallada Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 323, 324, 308 and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 17th August, 2011, the following order was passed: “3. It is seen that the de facto complainant sustained injury on his ear due to which the cartilage was broken. That injury is attributable to the attack made by accused No.2 with an iron rod. It is submitted that the overt acts alleged against the petitioner are not attributable to any serious injuries on the de facto complainant. 4. Taking into account the facts B.A.No.6376 of 2011 2 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 20/08/2011 and 21/08/2011. 5. Post on 25/08/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.530 of 2011 of East Kallada Police Station, till 27/08/2011. 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 17th August, 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 17th August, 2011 has been complied with by the petitioner, I am of the view that anticipatory B.A.No.6376 of 2011 3 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, 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. cms