IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4861 of 2009()
1. PURUSHOTHAMAN KHATRI, S/O.ACHALARAM,
... Petitioner
2. NARAYAN KHATRI, S/O.ACHALARAM,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.ARUN PETER CHETTIYATT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4861 of 2009
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Dated this the 30th day of October, 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 and 2 in Crime No.332/2009 of Kottayam West Police
Station.
2. The offences alleged against the petitioners are under
Sections 406 and 420 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
20.10.2009, 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 26th and 27th October, 2009.
Post on 30.10.2009.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection with
B.A. No. 4861 of 2009 2
Crime No.332/2009 of Kottayam West Police
Station.
Hand over copy of this order to both sides.”
4. The learned counsel for the petitioners and the learned
Public Prosecutor submitted that the petitioners have complied
with the directions in the order dated 20.10.2009.
4. 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 report before the
investigating officer between 9 A.M and 11 A.M.
on all alternate Mondays, till the final report is
filed or until further orders;
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.
B.A. No. 4861 of 2009 3
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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