IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8234 of 2011() ----------------------------- CRIME NO.1066/2011 OF KANNAMALY POLICE STATION ERNAKULAM PETITIONER :ACCUSED : ------------------------- ANTOY BINU, S/O.ANTONY, AGED 27 YEARS, PATTALATH HOUSE, KANNAMALI P.O.,KOCHI-8 BY ADV. SRI.C.M.NAZAR SRI.MANSOOR.B.H. RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING STATION HOUSE OFFICER, KANNAMALI POLICE STAITON, ERNAKULAM DIST. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8234 of 2011 ---------------------------------------------- Dated this the 25th day of October, 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.1066 of 2011 of Kannamaly Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 452, 427, 430 and 428 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 14/10/2011, the following order was passed: “3. The prosecution case is that on 16/07/2011 at 9 P.M., the accused persons forcibly entered into the house of the de facto complainant, destroyed the tiles in the house and caused injuries to the pet dog. 4. 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 Bail Appln.No.8234/2011 : 2 : direction to the petitioner to appear before the investigating officer on 19/10/2011. 5. Post on 25/10/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1066 of 2011 of Kannamaly Police Station, till 27/10/2011. 7. 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 that the direction in the order dated 14/10/2011 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 14/10/2011 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:- Bail Appln.No.8234/2011 : 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 skj