IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 4780 of 2009 CRIME NO.325 OF 2009 OF MATTANNUR POLICE STATION PETITIONER/ACCUSED: --------------------------------------- ASHRAF.M., S/O.HUSSAIN, AGED 28 YEARS, KURIKKALEPARAMBATH HOUSE, KANHILERI P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4780 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 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 accused in Crime No.325 of 2009 of Mattannur Police Station. 2. The offences alleged against the petitioner are under Section 292(2) of the Indian Penal Code and Section 52A read with Section 63 of the Copy Right Act. 3. When the Bail Application came up for hearing on 15.9.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, in the peculiar facts and circumstances of the case, I am of the view that the petitioner should be given an opportunity to appear before the investigating officer for questioning. Accordingly, there will be a direction that the petitioner shall appear before the investigating officer on 24th and 25th September, 2009 at 9 A.M. B.A. NO. 4780 OF 2009 :: 2 :: Post on 30.09.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders. “ 4. It is submitted by the learned counsel for the petitioner that the petitioner complied with the order dated 15.9.2009. Learned Public Prosecutor also submitted that the petitioner has complied with the directions. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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: 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; B.A. NO. 4780 OF 2009 :: 3 :: 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 ahz/