IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Bail Appl..No. 529 of 2009() ---------------------------- CRIME NO.29/09 OF NOORANAD POLICE STATION PETITIONER/THIRD ACCUSED -------------------------------------------- C.HARIKUMAR, AGED 44 YEARS, S/O.CHANDRASENAN, THOTTAYIL, PRAYAR NORTH, PRAYAR.P.O. KAYAMKULAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB-INSPECTOR OF POLICE, NOORANAD POLICE STATION, NOORANAD,MAVELIKARA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 529 of 2009 ----------------------------------------- Dated this the 12th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 353 and 392 of the Indian Penal Code. According to prosecution, on 11.1.2009, when the Special Squad of the District Collector was inspecting, accused 1 and 2 drove away two lorries and thereby committed the offences. Petitioner is the third accused, who is the owner of the lorry. 3. Learned counsel for petitioner submitted that petitioner is a sub-contractor. He has been executing a work of a bridge and an approach road. For that purpose, gravel was being transported in lorry. On knowing that the vehicles were seized, a complaint was given by petitioner to the Principal Secretary (Revenue) and the vehicles were released, but a crime is registered including petitioner as the third accused. Petitioner has not committed any offence and the lorries were also not used for any offences. BA.529/09 2 4. Learned Public Prosecutor submitted that petitioner may be directed to appear before the investigating officer and subject to that, he has no objection in granting anticipatory bail. On hearing both sides, I find that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and in the event of his arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall co-operate with the investigation and make himself available for interrogation by the police. ii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs. BA.529/09 3 K.HEMA, JUDGE vgs.