IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9048 of 2011() ----------------------------- IN CRIME NO. 238/2011 OF NEMMARA POLICE STATION APPLICANT (S):/ACCUSED ------------------------------------- E.V.G.VARGHESE PHILIP, AGED 63 YEARS, S/O.VARGHESE, PALATHINGAL THEKKETHIL VEEDU, VATTEKKAD P.O., DISTRICT PALAKKAD. BY ADV. SRI.V.A.JOHNSON VARIKKAPPALLIL RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM, REPRESENTING THE S.I. OF POLICE, NEMMARA POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. ----------------------------- B.A.No.9048 of 2011 ----------------------------- Dated this the 30th day of November, 2011 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.238 of 2011 of Nemmara Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 452, 294(b), 506(i) and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 18th November, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before B.A.No. 9048 OF 2011 2 considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 24th and 25th November, 2011. 5. Post on 30th November, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.238 of 2011 of Nemmara Police Station, till 2.12.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this 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 18th November, 2011 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 18th November, 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 B.A.No. 9048 OF 2011 3 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: 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. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms