IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3638 of 2011 -------------------------------------- [CRIME NO.338/2011 OF BALARAMPURAM POLICE STATION] ......... PETITIONER/ACCUSED: ---------------------------------- ABHILASHKUMAR,S/O.VIJAYAKUMAR, AJEESH BHAVAN,THALAYIL DESOM,RAISELPURAM, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.GOPAN. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM- 685 035. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION,THIRUVANANTHAPURAM DISTRICT -695 001. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3638 OF 2011 = = = = = = = = = = = = = = = Dated this the 17th day of May, 2011 O R D E R Petitioner is accused in Crime No. 338 of 2011 of Balaramapuram Police Station. It was registered under Sections 294(b), 506(ii) of IPC and S.27 of the Arms Act. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. This crime was registered on 19.4.2011. Learned counsel for the petitioner has taken me through the various documents and also the complaint filed by the petitioner against the Dy.S.P. and the defacto complainant raising very serious allegations. That complaint was filed on 29.3.2011. Learned counsel further submits that again the petitioner was beaten up by the defacto complainant and others who come in a Qualis vehicle on 19.4.2011. Learned counsel B.A. NO. 3638 OF 2011 -:2:- submits that the Dy.S.P. and the defacto complainant are hand in gloves with each other and this crime has been foisted against the petitioner. The apprehension expressed by the petitioner is well founded. In the facts and circumstances of the case the petitioner is granted anticipatory bail and the following directions are issued. 3. The petitioner shall surrender before the concerned Magistrate within five days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioner is arrested he shall be released on bail on his executing a bond for Rs.20,000/- with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: B.A. NO. 3638 OF 2011 -:3:- i. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. ii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of the Thiruvananthapuram District without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without B.A. NO. 3638 OF 2011 -:4:- intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.