IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2808 of 2008()
1. THOMAS,AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.SUNILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P.BALACHANDRAN,J.
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B.A.NO. 2808 OF 2008
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DATED THIS THE 6TH DAY OF MAY, 2008
O R D E R
This is an application for anticipatory bail under Section 438
Cr.P.C.
2. Petitioner is the sole accused in Crime No.480/02 of Kalady
Police Station registered for an offence under Section 55(a) of the
Abkari Act. Despite registration of the crime in 2002, the Investigation
Agency has miserably failed to apprehend the petitioner and it appears
that without the assistance of Court, the Investigating Agency will not
be able to effect arrest of the accused. Hence the petitioner deserves
to be enlarged on anticipatory bail imposing necessary conditions.
3. In the result, I direct that the petitioner shall surrender
before the Magistrate concerned positively on or before 13.5.2008 and
shall deposit by way of cash security an amount of Rs.5,000/- and
shall thereafter execute bail bond for Rs.15,000/- with two solvent
sureties each for the like sums to the satisfaction of the court below.
4. On the above conditions being satisfied, the petitioner can
be enlarged on bail on the following further conditions.
5. On such release, the petitioner shall appear before the
Investigating Officer between 10 AM and 12 noon on all days for a
B.A.NO.2808/08 2
period of two weeks and thereafter on every alternate days for a
period of one month and thereafter on all Tuesdays and Fridays till the
investigation in the case is over and final report is laid.
6. The above directions shall not stand in the way of the
Investigating Agency seeking for custodial interrogation of the
petitioner, if need be, and the Magistrate granting it if deemed fit,
necessary and legal.
7. On release, the petitioner shall co-operate with the
investigation in the case, shall not get himself involved in commission
of any offence, shall not influence or intimidate the witnesses in the
case and shall not, except for the purpose of appearing before the
Investigating Officer, move beyond the territorial limits of the town in
which he is having his permanent residence, the details of which shall
be furnished to the Court and to the Investigating Officer immediately
on release on bail.
K.P.BALACHANDRAN, JUDGE.
dsn