IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7303 of 2009()
1. BINDU DEVADAS,AGED 37 YEARS,
... Petitioner
2. DEVADAS,AGED 42 YEARS,S/O.GOPALAN,
3. P.S.BABU,S/O.SUBRAMANYAN,AGED 40 YRS,
4. DEEPA.T.P,W/O.P.S.BABU,
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7303 of 2009
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Dated this the 4th day of January, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused
Nos.1 to 4 in Crime No.1211/2009 of Kalady Police Station,
Ernakulam.
2. The offence alleged against the petitioners is under
Section 420 read with Section 34 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
15/12/2009, the following order was passed:
“After having heard the learned counsel for the
petitioners and the learned Public Prosecutor, I am of
the view that before disposing of the Bail Application,
an opportunity should be given to the petitioners to
appear before the investigating officer. Accordingly,
there will be a direction to the petitioners to appear
before the investigating officer at 9 A.M. on
18/12/2009. The petitioners shall produce a copy of
the order before the investigating officer.
B.A. No. 7303 /2009
2
Post on 21st December, 2009.
It is submitted by the learned Public Prosecutor
that the petitioners will not be arrested until further
orders in connection with Crime No. 1211 of 2009 of
Kalady Police Station, Ernakulam District.”
4. It is submitted by the learned counsel for the
petitioners as well as the learned Public Prosecutor that the
petitioners have complied with the direction contained in the
order dated 15/12/2009.
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 petitioners.
There will be a direction that in the event of the arrest of the
petitioners, the officer in charge of the police station shall release
them on bail on their executing bond for Rs.15,000/-each with
two solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
B.A. No. 7303 /2009
3
B) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioners 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
scm