IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 7168 of 2011() ----------------------------- (CRIME NO.1081 OF 2011 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DT.) PETITIONER/2ND ACCUSED ------------------------------------------ PRAKASH KUMAR, AGED 39 YEARS, S/O.CHANDRAN,CHIRAPPURATHU VEEDU, CHUMATHRA PO, KUTTAPUZHA NORTH,THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,KOCHI-31(THROUGH S.I. OF POLICE IN CRIME NO.1081/2011 OF THIRUVALLA POLICE STATION). BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7168 OF 2011 --------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.2 in Crime No.1081 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 381 and 454 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10th October, 2011, the following order was passed: “3. The allegation is that on 28.7.2011 by about 3 P.M, the accused persons committed theft of a wall fan from the Town Hall of Thiruvalla Municipality. The learned counsel for the petitioner submitted that the petitioner is a temporary driver working in the Municipality and the fan was taken for repair and it was replaced on the same date. 4. Taking into account the facts and B.A.No.7168 OF 2011 2 circumstances of the case and the nature of the offences, 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 direction to the petitioner to appear before the investigating officer on 15.10.2011 and 16.10.2011. 5. Post on 20.10.2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1081 of 2011 of Thiruvalla Police Station, till 22.10.2011. 7. 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 that the direction in the order dated 10th October, 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 10th October, 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 B.A.No.7168 OF 2011 3 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.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 report before the investigating officer between 9 A.M and 11 A.M on alternate 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.7168 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms