IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8413 of 2011() ----------------------------- CRIME NO.1923/2011 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED : --------------------- SALIM PETER, S/O.PETER JOSEPH, PALLATH HOUSE, METHALA, KODUNGALLUR. (The name and address of the petitioner incorporated in the cause title of Bail Application.No.8413/11 as per order dated 13.10.11 in Crl.M.Appln.No.6843/11.) BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENETED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KALAMASSERY. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8413 of 2011 ---------------------------------------------- Dated this the 15th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1923 of 2011 of Kalamassery Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 283, 341, 323 and 294(b) of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. 3. When the Bail Application came up for admission on 03/11/2011, the following order was passed: 3. The crime was registered on the basis of the information given by the driver of a K.S.R.T.C bus on 7.10.2011. According to him, the scorpio car driven by the petitioner overtook the K.S.R.T.C. bus from the wrong side and the indicator of the car was broken. It is alleged that the petitioner, who was driving the scorpio car intercepted the K.S.R.T.C bus, by putting the scorpio car in front of the bus, assaulted the de facto complainant, and destroyed the headlight of the K.S.R.T.C. bus. Bail Appln.No.8413/2011 : 2 : 4. The learned counsel for the petitioner submitted that the petitioner had filed a petition before the City Traffic Police Station complaining that the K.S.R.T.C. bus driven by the de facto complainant was driven in a rash manner, which resulted in collision with the scorpio vehicle belonging to the petitioner and destruction of the indicator. It is stated that no action was taken on the petition filed by the petitioner. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 9th and 10th November, 2011. 7. Post on 15th November, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1923 of 2011 of Kalamassery Police Station, till 18th November, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” Bail Appln.No.8413/2011 : 3 : 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 03/11/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 03/11/2011 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, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and Bail Appln.No.8413/2011 : 4 : 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 skj