IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4507 of 2009 CRIME NO.208 OF 2009 OF CHAVARA THEKKUMBHAGAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- GIREESH.G. AGED 31 YEARS, S/O. GOPALAKRISHNANI PARIAYAMOOTHIL THARAYIL PADINJATTAKKARA MURI THEVALAKKARA VILLAGE KARUNAGAPPALLY TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4507 OF 2009 ------------------------------------------------------ Dated this the 17th August, 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 accused in Crime No.208 of 2009 of Chavara Thekkumbhagam Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 353 of the Indian Penal Code. 3. The prosecution case is that on 22.6.2009, when the de facto complainant, a conductor in a KSRTC bus, demanded the petitioner to take ticket, he refused and slapped on the face of the conductor. The case of the petitioner is that there was a dispute between the driver and conductor of the KSRTC bus on the one hand and the local people on the other with regard to the stopping of the bus at a particular place and the present case was foisted against the petitioner on account of the said dispute. 4. Taking into account the facts and circumstances of the B.A. NO. 4507 OF 2009 :: 2 :: case, the nature of the offence, the injury sustained 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: 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/