IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7088 of 2009()
1. S.SANAL, AGED 38 YEARS,
... Petitioner
2. ANIL KUMAR, AGED 37 YEARS,
3. VIJAYAKUMAR, AGED 35 YEARS,
4. UDAYAKUMAR, AGED 37 YEARS,
5. SUDARSANAN, AGED 35 YEARS,
6. SETHU, AGED 40 YEARS,
Vs
1. STATE OF KERALA, (CRIME NO.454/2009
... Respondent
For Petitioner :SRI.ALAN PAPALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7088 of 2009
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Dated this the 21st 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 petitioners are accused
Nos.1 to 6 in Crime No.454/2009 of Palode Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 149, 452, 294(b), 427 and 506(ii) of the
Indian Penal Code and Section 27 of the Arms Act.
3. When the Bail Application came up for hearing on
04.12.2009, 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 10.12.2009 and
11.12.2009. The petitioners shall produce
copy of this order before the investigating
officer.
B.A. No. 7088 of 2009 2
Post on 18.12.2009.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection with
Crime No.454/2009 of Palode Police Station.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the petitioners
and the learned Public Prosecutor that the petitioners have
complied with the direction contained in the order dated
04.12.2009.
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. 10,000/- 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 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.A. No. 7088 of 2009 3
B) The petitioners shall appear before the
investigating officer for interrogation as and when
required;
C) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioners 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
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