IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5419 of 2009()
1. SURESH S
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5419 of 2009
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Dated this the 24th 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 petitioner is accused
No.2 in Crime No.136/CR/2009 of CBCID, Jawahar Nagar,
Thiruvananthapuram.
2. The offences alleged against the petitioner are under
Sections 120B, 406, 409, 420, 465, 468 and 471 of the Indian
Penal Code .
3. When the Bail Application came up for hearing on
10/02/2010, 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 17th and 18th February, 2010. The
B.A. No. 5419 / 2009
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petitioner shall produce a copy of the order before
the investigating officer.
Post on 24th February, 2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.136/CR/09 of
CBCID, Jawahar Nagar, Thiruvananthapuram.”
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
10/02/2010.
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. 5419 / 2009
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A) The petitioner shall appear 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;
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
scm