IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3735 of 2009()
1. PENNUKUTTI
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.P.J.MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/07/2009
O R D E R
K.T.SANKARAN, J.
----------------------------
B.A.No.3735 of 2009
----------------------------
Dated this the 10th day of July, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioners are the accused in
Crime No.321 of 2009 of Nilambur Police Station.
2. The offences alleged against the petitioners are under
Sections 420 of the Indian Penal Code.
3. The defacto complainant filed a complaint before the court
of the Judicial Magistrate of First Class, Nilambur, which was forwarded
to the police under Section 156(3) of the Code of Criminal Procedure
and accordingly, Crime No.321 of 2009 was registered by the police.
4. I have gone through the case diary.
5. Learned counsel for the petitioners submitted that in
respect of the amounts mentioned in the complaint, the defacto
complainant has filed a civil suit before the Sub Court, Manjeri, which
is pending as I.P.(O.P.)No.4 of 2009. Learned counsel also submits
that attachment before judgment of the immovable property belonging
to the petitioners 1 and 2 was also granted by the civil court.
6. 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.
BA No.3735/2009 2
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 for a period of one month on their executing bond for
Rs.25,000/- 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) 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) On the expiry of the period mentioned above or even before that
period, the petitioners shall surrender before the Magistrate
concerned and seek regular 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
csl