IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 6794 of 2009 CRIME NO.870 OF 2009 OF CHERANELLOOR POLICE STATION PETITIONERS/ACCUSED --------------------------------------- K.SEKAR, AGED 57 YEARS, S/O.KUMBESWARAN, ANDAMAN LAKSHADEEP HARBOUR WORKS, ANARKALI HILLS, PORT BLAIR. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.N.RAJESH SRI.K.ANAND RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION, CHERANALLOOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6794 OF 2009 ------------------------------------------------------ Dated this the 14th day of December, 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 accused No.21 in Crime No.870 of 2009 of Cheranelloor Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 366A, 372, 373, 342, 376, 212 and 120B of the Indian Penal Code. 3. When the Bail Application came up for hearing on 1.12.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 8th and 9th December, 2009. B.A. NO. OF 2009 :: 2 :: Post on 14.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.870 of 2009 of Cheranelloor Police Station, Ernakulam District. The petitioner shall produce 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 1.12.2009 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 1.12.2009 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. OF 2009 :: 3 :: a) 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/