IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 5944 of 2011() ----------------------------- CRIME NO.300/2011 OF POOVAR POLICE STATION THIRUVANANTHAPURAM DISTRICT PETITIONER/ACCUSED --------------------- PRINCE, S/O.DAS, OORALIVILA VEEDU, PLAMOOTTUKADA, KARODE DESOM, KARODE VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5944 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.300 of 2011 of Poovar Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 465, 468 and 471 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 24/08/2011, the following order was passed: “3. The prosecution case is the following:- A mini lorry bearing registration No.KL/7M-7756 was seized by the police on the ground that sand was illegally being transported. In that case, an order was passed to release the vehicle. For that purpose, it was necessary to value the vehicle by the Motor Vehicles Authority. The motor vehicle authorities found that the registration number of the vehicle did not tally with the engine number and chassis number. The real registration Bail Appln.No.5944/2011 : 2 : number of the vehicle with the engine number and chassis number was found to be KL 08 H 2517. The matter was reported to the District Collector who forwarded it to the District Superintendent of Police. Accordingly, the crime was registered. 4. The learned Counsel for the petitioner submitted that the first accused is only a driver and he cannot be accused of any manipulation in the records. It is submitted that if at all anybody is responsible, it is only accused No.2. 5. Taking into account the facts 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 27/08/2011 and 28/08/2011. 6. Post on 02/09/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.300 of 2011 of Poovar Police Station, till 04/09/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the Bail Appln.No.5944/2011 : 3 : direction in the order dated 24/08/2011 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 24/08/2011 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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5944/2011 : 4 : d) 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 True copy P.A. to Judge