Sujith P.S. vs State of Kerala

K.T. Sankaran, J.—This is an application for anticipatory bail u/s 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No. 107 of 2011 of Kodanchery Police Station, Kozhikode District.

The offences alleged against the Petitioner are under Sections 366 and 376 of the Indian Penal Code.

When the Bail Application came up for admission on 6.7.2011, the following order was passed:

Heard the learned Counsel for the Petitioner and the learned Public Prosecutor and perused the relevant papers. The learned Counsel for the Petitioner submitted that the Petitioner will co-operate with the investigation by all means. The learned Public Prosecutor submitted that it is necessary to take the Petitioner to Chennai for the purpose of investigation and it is also necessary to conduct his potency test. The Petitioner is ready to fully co-operate with the investigating agency for these purposes or for any other purpose during investigation.

Taking into account the facts and circumstances of the case, I am of the view that before considering the question whether anticipatory bail should be granted, 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 between 9 A.M. and 10 A.M. on 14th, 15th and 16th of July, 2011.

The investigating officer or any police officer authorised by him would be entitled to take the Petitioner to Chennai or other places for the purpose of investigation. The Petitioner shall also co-operate to undergo the potency test.

Post on 26.7.2011. The learned Public Prosecutor submitted that the Petitioner will not be arrested in connection with the crime until further orders.

The learned Public Prosecutor submitted that for the purpose of investigation, it is necessary that the Petitioner co-operates. It is also necessary to take the Petitioner to the place of incident and collect evidence. The learned Counsel appearing for the Petitioner submitted that the Petitioner is prepared to fully co-operate with the investigating officer and that there will be no room for any complaint that the Petitioner did not co-operate with the investigation.

It is submitted by the learned Counsel for the Petitioner as well as the learned Public Prosecutor that the direction in the order dated 6.7.2011 has been complied with by the Petitioner.

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 6.7.2011 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 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:

A) The Petitioner shall fully co-operate with the investigating officer in the matter of investigation of the case. The Petitioner shall accompany the investigating officer to any place for the purpose of collecting evidence in the case. The Petitioner shall undergo potency test as and when directed by the investigating officer;

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) 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.