IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 6913 of 2009() ------------------------------------ CRIME NO.700/2009 OF HOSDURG POLICE STATION. ............. PETITIONER (S)/ ACCUSED --------------------------- RAMSHEED, AGED 24 YEARS, S/O.H.MUHAMMED KUNHI, NR.DURGA HIGHER SECONDARY SCHOOL, HOSDURG VILLAGE, KASARAGOD DISTRICT. BY ADVS. SMT.P.K.PRIYA MR.K.V.SREE VINAYAKAN RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. HOSDURG POLICE STATION. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVINGCOME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 6913 of 2009 ------------------------------------ Dated this the 16th day of December, 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.700/2009 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 447, 353 and 506 (i) of the Indian Penal Code. 3. When the Bail Application came up for hearing on 26.11.2009, 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 before the investigating officer at 9 A.M. on 3rd and 4th December, 2009. Post on 09. 12.2009. The investigating officer will make every effort to secure the B.A. No. 6913 of 2009 2 presence of the de facto complainant as well either on 3rd or 4th or on both the dates. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.700/2009 of Hosdurg Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 26.11.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6913 of 2009 3 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. 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 ln