IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 5704 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4114/2011 Dated 16/06/2011 CRIME NO.813/2011 OF KOCHI CUSBA POLICE STATION .................... PETITIONER :ACCUSED NO.9 ------------------------------ ANEESH,S/O.SULAIMAN,AGED 18 YEARS, PATERUPARAMBU,KUMBALANGHI,KOCHI 682 007. BY ADV. SRI.THOMAS T.VARGHESE SRI.N.SASI RESPONDENT(S): --------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5704 of 2011 --------------------------- Dated this the 1st day of August, 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.9 in Crime No.813 of 2011 of Kochi Cusba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 19.7.2011, the following order was passed : “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. It is fairly clear that the overt acts leading to grievous injuries are attributable to accused Nos.1 to 4 and that the overt act BA 5704/2011 2 alleged against the petitioner herein is not attributable to the grievous hurt caused to the de facto complainant and the other injured. 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 24th and 25th July, 2011. 6. Post on 28th July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.813 of 2011 of Kochi Cusba Police Station till 30.7.2011. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the BA 5704/2011 3 order dated 19.7.2011 has been complied with by the petitioner. 5. 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 19.7.2011 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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; BA 5704/2011 4 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 csl BA 5704/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.5704 of 2011 --------------------------- Dated this the 19th day of July, 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.9 in Crime No.813 of 2011 of Kochi Cusba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 308 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BA 5704/2011 6 4. It is fairly clear that the overt acts leading to grievous injuries are attributable to accused Nos.1 to 4 and that the overt act alleged against the petitioner herein is not attributable to the grievous hurt caused to the de facto complainant and the other injured. 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 24th and 25th July, 2011. 6. Post on 28th July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.813 of 2011 of Kochi Cusba Police Station till 30.7.2011. The petitioner shall produce a copy of this order before the BA 5704/2011 7 investigating officer. K.T.SANKARAN JUDGE csl