IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9403 of 2011() ----------------------------- CRIME NO.1838/2011 OF NORTH PARAVUR POLICE STATION PETITIONER/SOLE ACCUSED : --------------------------------- K.S.BIJILI, KANJIRAPARAMBIL, MANNAM P.O., N.PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9403 of 2011 --------------------------- Dated this the 12th day of December, 2011 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 sole accused in Crime No.1838 of 2011 of North Paravur Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 332 of the Indian Penal Code. 3. The prosecution case is the following : The de facto complainant is a lineman of the Kerala State Electricity Board. At about 8.30 P.M. on 10.11.2011, the de facto complainant was going to Thathappilly to rectify the fault in a line. When the de facto complainant, travelling in a contract vehicle, reached the place called 'Vedimara', the accused intercepted the vehicle and attacked the de facto complainant and the driver. BA 9403/11 2 4. The case of the petitioner is that while the petitioner was travelling on a bike, the vehicle in which the de facto complainant was travelling hit on the motor bike. The people of the locality intervened and a scuffle ensued. 5. When the Bail Application came up for admission on 1.12.2011, the following order was passed : “5. Taking into account the facts and circumstances of the case and the nature of the offence, 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 direction to the petitioner to appear before the investigating officer on 6th and 7th December, 2011. 6. Post on 12th December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1838 of 2011 of North Paravur Police Station, till 16th December, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of BA 9403/11 3 investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner that the direction in the order dated 1.12.2011 has been complied with by the petitioner. 7. 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 1.12.2011 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 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 : BA 9403/11 4 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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 csl