IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6050 of 2011 CRIME NO.731 OF 2011 OF OLLUR POLICE STATION, THRISSUR DISTRICT PETITIONER/ACCUSED -------------------------------------- JAIN.P.R, S/O.P.K.RAPPAI, AGED 40 YEARS, PALIAKKARA HOUSE, ST.MARY'S CONVENT ROAD, SUB LANE-I, EDAKKUNNI VILLAGE, OLLUR DESOM, THRISSUR DISTRICT, KERALA STATE. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.731/2011 OF OLLUR POLICE STATION, THRISSUR DISTRICT). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6050 of 2011 E ------------------------------------------------------ Dated this the 16th 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 the accused in Crime No.731 of 2011 of Ollur Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The prosecution case is that in the automobile workshop of the petitioner, two boys aged 15 years and 17 years were found engaged, undertaking hazardous jobs. According to the petitioner, the boys are not below eighteen years of age and they belong to another State. 4. When the Bail Application came up for admission on 1st August, 2011, the following order was passed: Bail Appl. NO.6050 of 2011 :: 2 :: “4. 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 5th and 6th August, 2011. 5. Post on 11th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.731 of 2011 of Ollur Police Station, Thrissur District till 17th August, 2011. The petitioner shall produce a copy of this order before the investigating officer. “ 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 1st August, 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 Bail Appl. NO.6050 of 2011 :: 3 :: the direction in the order dated 1st August, 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; 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 ahz/