IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 6804 of 2009 CRIME NO.179 OF 2009 OF THOTTILPALAM POLICE STATION, KOZHIKODE PETITIONER/ACCUSED 2 ---------------------------------------- KUMARAN, AGED 53 YEARS, S/O.KELAPPAN, KOVUMMEL HOUSE, MOILOTHUTHARA P.O., VIA KOVILUMPARA, VATAKARA TALUK, KOZHIKODE. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.RAJAN KUDUMBATHIL SRI.GLEN ANTONY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SI OF POLICE, THOTTILPALAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6804 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 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 second accused in Crime No.179 of 2009 of Thottilpalam Police Station, Kozhikode District. 2. The offences alleged against the petitioner and the other accused are under Section 304 of the Indian Penal Code and Sections 3 and 6 of the Explosive Substances Act. 3. When the Bail Application came up for hearing on 30.11.2009, 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 B.A. NO. 6804 OF 2009 :: 2 :: investigating officer at 9 AM on 8th and 9th December, 2009. Post on 15th December, 2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.179 of 2009 of Thottilpalam Police Station, Kozhikode District.” 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 30.11.2009 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 30.11.2009 has been complied with by the petitioner, 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: B.A. NO. 6804 OF 2009 :: 3 :: 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 ahz/