IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7566 of 2009() ----------------------------- CRIME NO.267/09 OF POOYAPPALLY POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- ABHILASH @ THAMBU,AGED 32 YEARS, S/O.THAMPI,THAMPI MADOM VEEDU,MUKKALA MUKKU, MUTTARA MURI,ODANAVATTOM VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION,KOLLAM DISTRICT PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7566 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.267 of 2009 of Pooyappally Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 294(b), 324, 341, 427, 506(i) and 308 of the Indian Penal Code. 3. It is submitted that originally the offences under Sections 143, 147, 148 and 149 IPC were included in the FI statement and that Section 308 IPC was not alleged therein. Subsequently, the offences under Sections 143, 147, 148 and 149 were deleted and Section 308 IPC was added. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. BA No.7566/2009 2 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 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 csl