IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6244 of 2009() ---------------------------------------- CRIME NO.162/2009 OF ULIKKAL POLICE STATION, KANNUR .................... PETITIONER/ACCUSED: -------------------------------------- K.BIJU, S/O.GOVINDAN, AGED 30 YEARS KUTTIYADAN HOUSE, PARIKKALAM PO, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ---------------------------------------------- THE STATION HOUSE OFFICER ULIKKAL POLICE STATION, KANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6244 of 2009 ------------------------------------ Dated this the 12th day of November, 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. 162/2009 of Ulikkal Police Station. 2. The offence alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code 3. When the Bail Application came up for hearing on 30.10.2009, the following order was passed: “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 A.M. on 5th and 6th November, 2009. Post on 12.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.162/2009 of Ulikkal Police Station, Kannur. Hand over copy to both sides.” B.A. No. 6244 of 2009 2 4. The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 30.10.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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. 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 every Mondays for two months and thereafter 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. B.A. No. 6244 of 2009 3 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 ln