IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Bail Appl..No. 1312 of 2010 CRIME NO.86 OF 2010 OF ALAPPUZHA NORTH POLICE STATION PETITIONER/ACCUSED 5 ---------------------------------------- SATHYAN, AGED 52 YEARS,KODUNGEVELI, MARARIKULAM SOUTH PANCHAYATH, WARD NO.6, KATTOR, ALAPPUZHA DIST. BY ADV. SRI.K.C.SUDHEER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY C.I. OF POLICE, (S.H.O)ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DISTRICT THROUGH PUBLIC PROSECUTOR, DISTRICT & SESSIONS COURT, ALAPPUZHA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1312 OF 2010 ------------------------------------------------------ Dated this the 9th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.86 of 2010 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 323, 324 and 307 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 29.3.2010, the following order was passed: “Heard the learned counsel for the petitioner and the learned Public Prosecutor. In the facts and circumstances of the case mentioned in the affidavit of the counsel, the application is allowed. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 2nd and 3rd April, 2010. B.A. NO. 1312 OF 2010 :: 2 :: Post on 7.4.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.86 of 2010 of Alappuzha North Police Station. The petitioner shall produce a copy of the order before the investigating officer.” 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 29.3.2010 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 29.3.2010 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 1312 OF 2010 :: 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/