IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6319 of 2009()
1. VISHNU S.V.,S/O.SURESH KUMAR,
... Petitioner
2. MOINRAJ K.,S/O.KABEERKUNJU,
3. MOHAMMED LITHIN B.L.,S/O.BADRARUDEEN A.,
4. SANOOR SALIM,S/O.SALIM,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6319 of 2009
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Dated this the 24th day of November, 2009
ORDER
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.1152 of 2009 of Nedumangad
Police Station.
2. The offences alleged against the petitioners are under
Sections 323, 324, 308, 379, 427 and 452 read with Section 34 of
the Indian Penal Code.
3. When the Bail Application came up for hearing on
6.11.2009, 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 13th and 14th November, 2009.
Post on 19.11.2009.
It is submitted by the learned Public
BA No.6319/2009 2
Prosecutor that the petitioners will not be
arrested until further orders in connection with
Crime No.1152 of 2009 of Nedumangad Police
Station.”
4. It is submitted by the learned counsel for the
petitioners as well as the learned Public Prosecutor that the
direction contained in the order dated 6.11.2009 has been
complied with by the petitioners.
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 6.11.2009 has been
complied with by the petitioners, 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 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;
BA No.6319/2009 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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