High Court Kerala High Court

Deepak vs State Of Kerala on 9 February, 2010

Kerala High Court
Deepak vs State Of Kerala on 9 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5691 of 2009()


1. DEEPAK, S/O.DAMODARAN, BAVOTTUKUNIYIL,
                      ...  Petitioner
2. SHAJI, S/O.ACHU, AACHILATTUKUNIYIL,
3. RAJEESH, S/O.RAJAN, BAVOTHUKUNIYIL,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.V.SURENDRANATH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/02/2010

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 5691 of 2009
                ------------------------------------
             Dated this the 9th day of February, 2010

                            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 to 3 in Crime No.119/2009 of Kolavallur Police Station.

2. The offences alleged against the petitioners are under

Sections 143, 147, 148, 324 and 427 read with Section 149 of

the Indian Penal Code and Sections 3 and 5 of the Explosive

Substances Act.

3. When the Bail Application came up for hearing on

8/01/2010, 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 13th and

14th January, 2010.

Post on 19/01/2010.

It is submitted by the learned Public Prosecutor

that the petitioners will not be arrested until further

orders in connection with Crime No.119 of 2009 of

B.A. No. 5691/ 2009
2

Kolavallur Police Station, Kannur.

The petitioners shall produce copy of this order

before the investigating officer.”

4. The second petitioner could not comply with that

order. Later, on 25/1/2010, another order was passed, which

reads as follows:

“The petitioner herein (Shaji), who is the

second petitioner in the Bail Application, states that

he could not comply with the direction contained in

the order dated 8.1.2010 as he was suffering from

respiratory infection. Annexure II medical

certificate is produced in support of the contention.

The petition is accordingly allowed. The petitioner

shall appear before the investigating officer at 9

A.M on 1st and 2nd February, 2010. The petitioner

shall produce a copy of the order before the

investigating officer.

Post on 8th February, 2010.”

5. It is submitted by the learned counsel for the

petitioners and the learned Public Prosecutor that the petitioners

have complied with the directions contained in the orders dated

8/01/2010 and 25/01/2010.

6. Taking into account the facts and circumstances of the

case, the nature of the offence and other circumstances, I am of

B.A. No. 5691/ 2009
3

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.10,000/- 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 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.

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

scm