IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 6528 of 2009 CRIME NO.631 OF 2009 OF VALAPATTANAM POLICE STATION, KANNUR PETITIONER: ACCUSED: -------------------- SATHEESAN V.K,SON OF RAGHAVAN, KOOLOTH VALAPPIL HOUSE, KOLACHERY PARAMBA, P.O KOLACHERRY,KANNUR. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY THE STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6528 OF 2009 ------------------------------------------------------ Dated this the 21st day of December, 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.631 of 2009 of Valapattanam Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 406, 420, 354 and 511 of 376 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 16.11.2009, the following order was passed: “The petitioner and the defacto complainant are neighbours. It is submitted by the learned counsel for the petitioner that the petitioner will try his best to see that the matters are settled. The petitioner is also prepared to appear before the investigating officer for that purpose. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 24th and 25th November, 2009. The B.A. NO. 6528 OF 2009 :: 2 :: investigating officer shall make every effort to see that the defacto complainant also appears before the investigating officer, so that the parties could sort out the disputes and try to settle the same. Post on 30.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.631 of 2009 of Valapattanam Police Station, Kannur District.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 16.11.2009 has been complied with by the petitioner. However, the defacto complainant did not turn up. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 16.11.2009 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 Rs.10,000/- with B.A. NO. 6528 OF 2009 :: 3 :: 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 ahz/