IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5558 of 2009()
1. EDWARD AGED 46 YEARS, S/O. GAYOS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/10/2009
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.5558 of 2009
---------------------------------------------
Dated this the 19th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.5 in Crime No.414 of 2009 of Kollam West Police
Station.
2. The offences alleged against the petitioner are under
Sections 420, 468, 471 and 472 of the Indian Penal Code and
Section 12(1)(b) of the Indian Passport Act.
3. When the Bail Application came up for hearing on
5.10.2009, the following order was passed:
“After having heard the learned counsel
for the petitioner and the learned Public
Prosecutor, I am of the view that before disposing
of the Bail Application, an opportunity should be
given to the petitioner to appear before the
investigating officer. Accordingly, there will be a
direction to the petitioner to appear before the
investigating officer at 9 AM on 12th and 13th
October, 2009.
Post on 19.10.2009.
BA No.5558/2009 2
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection with
Crime No.414 of 2009 Kollam West Police
Station.”
4. The learned counsel for the petitioner and the learned
Public Prosecutor submitted that the petitioner has complied
with the direction.
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 petitioner.
There will be a direction that in the event of the arrest of
the petitioner, the officer in charge of the police station shall
release him on bail on his executing bond for Rs.25,000/- with
two solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
a) The petitioner 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) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
BA No.5558/2009 3
d) The petitioner 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
csl