IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 5486 of 2009() -------------------------------------- CRIME NO.243/2009 OF KANNUR TOWN POLICE STATION, KANNUR PETITIONER/ACCUSED: --------------------------------------- SHAKKEER, AGED 20 YEARS, S/O.KADHER, PARAKENDY HOUSE, PALLIKKUNNU, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR. SRI. SIVAKUMAR K.S, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5486 of 2009 ------------------------------------ Dated this the 10th 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 accused No.4 in Crime No.243/2009 of Kannur Town Police Station. 2. The offences alleged against the petitioner are under Sections 395 and 411 of the Indian Penal Code. 3. As per the order dated 20/8/2009 in B.A. No.4268 of 2009, anticipatory bail was granted to accused Nos.3,6,7 and 8. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted that the accused persons are students. 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 B.A. No. 5486 /2009 2 station shall release him on bail on his executing bond for Rs.25,000/- 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 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 scm