IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7174 of 2011() ----------------------------- CRIME NO.505/2011 OF KADAKKAVOOR POLICE STATION PETITIONER: ACCUSED ------------------------------- NIZAM, AGED 33 YEARS, S/O.RASHEED, PANDUKALAM VEEDU, PERUMKULAM P.O., MANANAKKU, TRIVANDRUM. BY ADV. SRI.M.R.RAJESH SRI.K.M.ALEXANDER RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7174 of 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 ORDER 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.505 of 2011 of Kadakkavoor Police Station. 2. The offences alleged against the accused are under Sections 447, 324, 308, 506(ii) and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for admission on 23/09/2011, the following order was passed: “3. The prosecution case is that on 4.8.2011 at 8 P.M., accused Nos.1 to 3 trespassed into the house of the de facto complainant and assaulted the nephew of the de facto complainant. The further allegation is that accused Nos.1 to 3 came to the spot in the vehicle driven by accused No.4 and they went back in the same vehicle. It is also alleged that there was a conspiracy among the accused persons. 4. The learned counsel for the petitioner submitted that even if the other accused came in the vehicle driven by the petitioner, that by itself is not a ground to hold that the petitioner is also guilty. 5. Taking into account the facts and Bail Appln.No.7174/2011 : 2 : 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 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 30th September, 2011 and 1st October, 2011. 6. Post on 10th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.505 of 2011 of Kadakkavoor Police Station, till 11th October, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 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 23/09/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 23/09/2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will Bail Appln.No.7174/2011 : 3 : 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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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 skj