IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2182 of 2009() ------------------------------------- CRIME NO.6/2009 OF KUMBUMMETTU POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------------------ JOSE, PALAYAM HOUSE, (KOCHUMANNIL HOUSE), KUMBUMMETTU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUMBUMMETTU POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2182 of 2009 ------------------------------------ Dated this the 28th day of May, 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.2 in Crime No.6/2009 of Kumbummettu Police Station. 2. The offence alleged against the petitioner and accused 1 and 3 is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that the accused were found in possession of 10 litres of arrack 4. The first accused was granted anticipatory bail by this Court vide order dated 19/02/2009 in Bail Application No.697/2009. The petitioner (second accused) is stated to be the relative of the first accused. 5. It is stated that the first accused had submitted a representation to the DGP, Thiruvananthapuram on 19/06/2008 alleging that the Sub Inspector and police men of Kumbummettu Police Station came to his house when he was not there, abused his wife and threatened her and asked to B.A. No. 2182/2009 2 tell her husband to report before the police. On 21/6/2008, the first accused appeared before the police. The Sub Inspector took a slate and wrote “ Gopalan, Charayam Vilpana”. The first accused was directed to hold the slate near his abdomen and photograph was taken by using mobile phone of the Sub Inspector. It is alleged that the Sub Inspector demanded Rs.10,000/- from the petitioner in order to delete the photograph. The case of the accused is that Crime No.6/2009 was registered because of the enmity which the Sub Inspector has with accused nos. 1 and 2. 6. Taking into account the facts and circumstances of the case, anticipatory bail was granted to the first accused. On the same reasoning, I think the second accused is also entitled to anticipatory bail. Accordingly, 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 for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 2182/2009 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm