High Court Kerala High Court

Dixon vs State Of Kerala on 24 January, 2011

Kerala High Court
Dixon vs State Of Kerala on 24 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 498 of 2011()


1. DIXON, AGED 17,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.S.MADHUSOODANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/01/2011

 O R D E R
                          V. RAMKUMAR, J.
                    ...................................
                         B.A. No.498 of 2011
                    ..................................
                          Dated: 24.01.2011

                               O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner,

who is the 4th accused in Crime No.1340/2010 of Narakkal Police

Station for offences punishable under Sections 395 and 412 I.P.C.,

seeks anticipatory bail.

2. I heard the learned counsel for the petitioner and the

learned Public Prosecutor. Eventhough the learned Public

Prosecutor opposed the application, considering the fact that as

per Annexure I Birth Certificate extract the petitioner prima facie

appears to be a juvenile, I am inclined to direct the release of the

petitioner on bail.

3. After evaluating the factors and parameters which

are to be taken into consideration in the light of paragraph 122 of

the verdict dated 2-12-2010 of the Apex Court in Siddharam

Satlingappa Mhetre v. State of Maharashtra and Others

(2010(4) KLT 930), I am inclined to grant anticipatory bail to the

petitioner. Accordingly, a direction is issued to the officer-in-

Bail A.No.498 of 2011 -:2:-

charge of the police station concerned to release the petitioner

on bail in the event of his arrest in connection with the above

case on his executing a bond for `5,000/- (Rupees five thousand

only) with two solvent sureties each for the like amount to the

satisfaction of the said officer and subject to the following

conditions:-

1. The petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2. The petitioner shall make himself available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

3. Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.

4. Petitioner shall not commit any offence while on
bail.

5. The bail granted pursuant to this order shall be
in force till the end of the trial of the case unless
and until it is cancelled by this Court in
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).

Bail A.No.498 of 2011 -:3:-

If the petitioner commits breach of any of the above

conditions, the bail granted to him shall be liable to be

cancelled.

This application is allowed as above.

Dated this the 24th day of January, 2011.

                                              V.RAMKUMAR,     JUDGE.
sj