IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6529 of 2009()
1. K.MADHU,S/O.NARAYANAN NAMBIAR,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP.BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/12/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 6529 of 2009
------------------------------------
Dated this the 1st 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.12 in Crime No.26/2009 of Irikkur Police Station, Kannur
District.
2. The offences alleged against the petitioner are under
Sections 143, 147, 153, 427 and 447 read with Section 149 of
the Indian Penal Code and Sections 3 and 5 of the Explosive
Substances Act.
3. When the Bail Application came up for hearing on
12.11.2009, 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
B.A. No. 6529 of 2009 2
appear before the investigating officer at 9
A.M. on 18th and 19th November, 2009.
Post on 25.11.2009.
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection
with Crime No.26/2009 of Irikkur Police
Station, Kannur District.
The 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 12.11.2009.
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. 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. 6529 of 2009 3
A) The petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on alternate Mondays, till the final report is filed
or until further orders;
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.
K.T. SANKARAN, JUDGE
ln