IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 6644 of 2009() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2970/2009 Dated 11/06/2009 CRIME NO. 73/2009 OF MELUKAVU POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- ULLAS MON.K.R, KARIPOTTUPARAMBIL HOUSE, THALANADU.PO, KOTTAYAM DISTRICT. BY ADV. SRI.SEBASTIAN DAVIS RESPONDENT/COMPLAINANT: --------------------------------------------- SUB INSPECTOR OF POLICE, MELUCAVU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6644 of 2009 ------------------------------------ Dated this the 4th 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 the accused in Crime No. 73/2009 of Melukavu Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 420, 471 and 477-A of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23.11.2009, 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 A.M. on 29th and 30th November, 2009. B.A. No. 6644 of 2009 2 Post on 04.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with crime No.73/2009 of Melukavu Police Station, Kottayam District. Petitioner shall produce a copy of the order before the investigating officer. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 23.11.2009. 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6644 of 2009 3 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) 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 ln