IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 770 of 2010()
1. SUBAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 770 OF 2010
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Dated this the 18th day of March, 2010
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 first accused
in Crime No.132 of 2010 of Thodupuzha Police Station, Idukki
District.
2. The offence alleged against the petitioner is under Sections
13 and 17 of the Money Lenders Act.
3. When the Bail Application came up for hearing on 3.3.2010,
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 8.3.2010.
B.A. NO. 770 OF 2010
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The petitioner shall produce a copy of the order before
the investigating officer.
Post on 12.3.2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.132 of 2010 of
Thodupuzha Police Station.”
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 3.3.2010 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 3.3.2010 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.15,000/- with two
solvent sureties for the like amount to the satisfaction of the officer
concerned, subject to the following conditions:
B.A. NO. 770 OF 2010
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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
ahz/