IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 5222 of 2009 CRIME NO.276 OF 2009 OF KARAMANA POLICE STATION PETITIONR/8TH ACCUSED ----------------------------------------- RAMESH KUMAR, S/O. KRISHNANKUTTY NAIR KRISHNA SADANAM, AZHANKILANKONAM, PURAVOOR, KANNUMAMMOODU.P.O. KANYAKUMARI DIST. BY ADV. SRI.R.T.PRADEEP SRI.S.V.PREMAKUMARAN NAIR SRI.V.VIJULAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5222 OF 2009 ------------------------------------------------------ Dated this the 27th 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 the eighth accused in Crime No.276 of 2009 of Karamana Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 3, 4, 5, 6 and 7(2) of the Immoral Traffic Prevention Act and Section 4 of the Human Trafficking Act. 3. When the Bail Application came up for hearing on 17.9.2009, 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 before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear B.A. NO. 5222 OF 2009 :: 2 :: before the investigating officer at 9 AM on 24th September, 2009. Post on 29.9.2009 along with Bail Application 4500 of 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then in connection with 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 direction in the order dated 17.9.2009 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 17.9.2009 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 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. 5222 OF 2009 :: 3 :: a) 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/