IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7065 of 2009()
1. JASMINE AHAMMED, AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.SUNILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7065 of 2009
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Dated this the 6th day of January, 2010
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No. 2336/2009 of Perumbavoor Police Station,
Ernakulam District.
2. The offence alleged against the petitioner is under
Section 409 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
22.12.2009, 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 A.M. On 29.12.2009. The
petitioner shall produce a copy of the
order before the investigating officer.
B.A. No. 7065 of 2009 2
Post on 06.01.2010.
It is submitted by the learned
Public Prosecutor that the petitioner
will not be arrested until further
orders in connection with crime
No.2336/2009 of Perumbavoor Police
Station, Ernakulam District.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the
petitioner and the learned Public Prosecutor that the petitioner
has complied with the direction contained in the order dated
22.12.2009.
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
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.
15,000/- with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
B.A. No. 7065 of 2009 3
A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.D) 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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