IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 4949 of 2009() ----------------------------------------- (CRIME NO.88/2009 OF RAJAPURAM POLICE STATION,KASARAGOD DIST) PETITIONER/ACCUSED: -------------------------------------- RIJO JOSEPH, S/O.JOSEPH, KOORAKKAD HOUSE, PARIYARAM, PANATHADY, KASARAGOD DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4949 of 2009 ------------------------------------ Dated this the 24th day of September, 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.88/2009 of Rajapuram Police Station. 2. The offences alleged against the petitioner are under Sections 511 of 420 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 09.09.2009. The following order was passed:4 “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, the counsel for the petitioner submitted that the petitioner is prepared to appear before the Investigating Officer on any date fixed by the court. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 19.09.2009. Post on 24.09.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till 24.09.2009.” B.A. No. 4949 of 2009 2 4. It is submitted by the learned counsel for the petitioner that as per the direction in the order dated 09.09.2009, the petitioner appeared before the Investigating Officer and he was interrogated. 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. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall 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. B.A. No. 4949 of 2009 3 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