IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 7378 of 2011 CRIME NO.540 OF 2011 OF MALA POLICE STATION, THRISSUR DISTRICT. PETITIONER/ACCUSED NO.2 ------------------------------------------- JOHNSON.C.V., AGED 32 YEARS, S/O.VARGHESE, CHAKALAKKAL HOUSE, ELINJIPARA.P.O., THRISSUR DISTRICT. BY ADV. SRI.K.I.TOGI SRI.GEORGE BRISTON SMT.C.A.SEENA SRI.V.P.PRASANTH RESPONDENT: COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MALA POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7378 of 2011 ------------------------------------------------------ Dated this the 9th 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 accused No.2 in Crime No.540 of 2011 of Mala Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 332 and 506(i) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 4th October, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. 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 Bail Appl. NO.7378 of 2011 :: 2 :: directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 12th and 13th October, 2011. 5. Post on 18th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.540 of 2011 of Mala Police Station, till 21st October, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 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 4th October, 2011 has been complied with by the petitioner. 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 4th October, 2011 has been complied Bail Appl. NO.7378 of 2011 :: 3 :: 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 `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: 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/