IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 6055 of 2009() --------------------------------------- FIR. NO.1125/2009 OF THE CHALAKUDY POLICE STATION. ........... PETITIONER (S): -------------------- E.A.JOHNY, EMMATTY HOUSE, KOODABUZHA, CHALAKUDY. BY ADV. M.S.RAMESH BABU RESPONDENT(S): STATE OF KERALA & COMPLAINANT --------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBINSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSUR. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 6055 of 2009 ------------------------------------ Dated this the 21st day of January, 2010 O R D E R When the Bail Application came up for hearing on 11/01/2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1125 of 2009 of Chalakudy Police Station. 2. The offence alleged against the petitioner is under Section 3(1) of the PDPP Act. 3. The prosecution case is that the accused persons dumped 13 lorry loads of quarry waste in a government property in order to facilitate trespass upon the government land to form a pathway to the work site of the three star hotel owned by some of the accused. 4. It is stated that a Writ Petition (W.P.(C) No.23896 of 2007) is pending before the High Court, in which Annexure AI order dated 6.8.2007 was passed, directing that while fencing the property in question, the access of the petitioner to his own property shall not be blocked. The petitioner in the Writ Petition is the Chalakudy Hotels Private Limited. It is stated that the petitioner herein is a Director of that Company. B.A. No. 6055/2009 2 5. Learned counsel for the petitioner submitted that the Managing Director of the Company submitted a petition dated 7.10.2009 before the District Collector stating that they do not claim any ownership over the property in question and that the quarry waste was dumped by mistake. 6. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 18th and 19th January, 2010. The petitioner shall produce a copy of the order before the investigating officer. 7.Post on 21st January, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders. ” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 11/01/2010. 3. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 6055/2009 3 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 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. 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 scm