IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2808 of 2008 -------------------------------------- (CRIME NO. 480/2002 OF KALADY POLICE STATION) .................. PETITIONER/ ACCUSED: ----------------------------------- THOMAS,AGED 40 YEARS, S.O.AUGUSTHY, ALACKA HOUSE,MALAYATTOOR KARA, MALAYATTOOR VILLAGE,ALUVA TALUK. BY ADV. SRI.K.SUNILKUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN,J. ----------------------------------------- B.A.NO. 2808 OF 2008 ----------------------------------------------------- DATED THIS THE 6TH DAY OF MAY, 2008 O R D E R This is an application for anticipatory bail under Section 438 Cr.P.C. 2. Petitioner is the sole accused in Crime No.480/02 of Kalady Police Station registered for an offence under Section 55(a) of the Abkari Act. Despite registration of the crime in 2002, the Investigation Agency has miserably failed to apprehend the petitioner and it appears that without the assistance of Court, the Investigating Agency will not be able to effect arrest of the accused. Hence the petitioner deserves to be enlarged on anticipatory bail imposing necessary conditions. 3. In the result, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before 13.5.2008 and shall deposit by way of cash security an amount of Rs.5,000/- and shall thereafter execute bail bond for Rs.15,000/- with two solvent sureties each for the like sums to the satisfaction of the court below. 4. On the above conditions being satisfied, the petitioner can be enlarged on bail on the following further conditions. 5. On such release, the petitioner shall appear before the Investigating Officer between 10 AM and 12 noon on all days for a B.A.NO.2808/08 2 period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays till the investigation in the case is over and final report is laid. 6. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioner, if need be, and the Magistrate granting it if deemed fit, necessary and legal. 7. On release, the petitioner shall co-operate with the investigation in the case, shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which he is having his permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE. dsn