IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5267 of 2011() ----------------------------- CRIME NO.540/2011 OF MALA POLICE STATION THRISSUR DISTRICT PETITIONER :ACCUSED -------------------- RAMESH, S/O.PULIKUNNATH SUBRAN PINDANI DESOM, MELOOR PO, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT: --------------- STATE OF KERALA THROUGH SI OF POLICE MALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5267 of 2011 ---------------------------------------------- Dated this the 19th day of July, 2011 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.540 of 2011 of the Mala Police Station. 2. The offences alleged against the petitioner are under Sections 332 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 04/06/2011, the petitioner, who is a driver of a private bus caused hurt to the de facto complainant, who is a driver of a KSRTC bus and thereby committed the offences. 4. When the Bail Application came up for admission on 07/07/2011, the following order was passed: “4. Taking into account the facts and 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 Bail Appln.No.5267/2011 : 2 : direction to the petitioner to appear before the investigating officer on 15/07/2011. 5. Post on 19/07/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.540 of 2011 of Mala Police Station, till 19/07/2011.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 07/07/2011 has been complied with by the petitioner. 6. 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 07/07/2011 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 `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: Bail Appln.No.5267/2011 : 3 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Mondays, for a period of two months; 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge