IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1148 of 2010()
1. BIJU.V., CHIRAKONAM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.R.SARIN PANICKER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1148 of 2010
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Dated this the 23rd day of March, 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
first accused in Crime No.6 of 2010 of Kattakada Police Station.
2. The offences alleged against the petitioner are under
Sections 333 and 427 read with Section 34 of the Indian Penal
Code.
3. When the Bail Application came up for hearing on
10.3.2010, 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 15th and 16th March, 2010.
The petitioner shall produce a copy of the order
before the investigating officer.
Post on 23rd March 2010.
BA No.1148/2010 2
It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
until further orders in connection with Crime
No.6 of 2010 of Kattakada Police Station.”
4. It is submitted by the learned counsel for the
petitioner as well as the learned Public Prosecutor that the
direction contained in the order dated 10.3.2010 has been
complied with by the petitioner.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact
that the direction in the order dated 10.3.2010 has been
complied with by the petitioner, 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.10,000/- with
two solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
a) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
BA No.1148/2010 3
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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