IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 9104 of 2011 CRIME NO.1228 OF 2011 OF OCHIRA POLICE STATION, KOLLAM DISTRICT. PETITIONER: ACCUSED NO.1: -------------------- DON BOSCO GREEKE, S/O.DAMASIN GREEKE KANANKATTIL, ALAPPAD VILLAGE, AYIRAMTHENGU KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE SRI.BIJO THOMAS GEORGE RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE SI OF POLICE , OCHIRA POLICE STATION, KOLLAM DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9104 of 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 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.1 in Crime No.1228 of 2011 of Ochira Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 447, 353 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 8.10.2011, at about midnight, the accused persons attempted to catch fish by using a net from the fish farm belonging to the Department of Fisheries. The defacto complainant, the Extension Officer appointed in the fish farm, tried to prevent the accused. The defacto complainant was pushed by the accused and thereby they obstructed him from discharging his official duties. Bail Appl. NO.9104 OF 2011 :: 2 :: 4. When the Bail Application came up for admission on 9th December, 2011, the following order was passed: “4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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 14th and 15th December, 2011. 6. Post on 20th December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1228 of 2011 of Ochira Police Station, till 24th December, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Bail Appl. NO.9104 OF 2011 :: 3 :: The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner that the direction in the order dated 9th December, 2011 has been complied with by the petitioner. 6. 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 9th December, 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 when required; Bail Appl. NO.9104 OF 2011 :: 4 :: 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/