IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 560 of 2010()
1. GOPU, AGED 44 YEARS, S/O.KESAVANKUTTY
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.RAJAGOPAL PADIPPURACKAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/03/2010
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 560 of 2010
------------------------------------
Dated this the 15th day of March, 2010
O R D E R
When the Bail Application came up for hearing on
25/02/2010, the following order was passed:
“This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The
petitioner is accused No.4 in Crime No.522 of 2009 of
Kaduthuruthy Police Station, Kottayam District.
2. The offence alleged against the petitioner is
under Section 394 of the Indian Penal Code.
3. The gist of the prosecution case is the
following: On 18.11.2009, the accused persons were
travelling in a car. An accident occurred when the car
collided with a lorry driven by the de facto
complainant. It is alleged that the accused persons
attacked the de facto complainant and took away his
purse containing Rs.4,700/-, a mobile phone and
driving licence. The petitioner apprehends arrest.
4. Taking into account the facts and
circumstances of the case, 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
B.A. No. 560 /2010
2
before the investigating officer at 9 AM on 4th and 5th
March, 2010. The petitioner shall produce a copy of
the order before the investigating officer.
5. Post on 15th March, 2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.522 of 2009 of
Kaduthuruthy Police Station, Kottayam District. ”
2. It is submitted by the learned counsel for the
petitioner as well as the learned Public Prosecutor that the
petitioner has complied with the direction contained in the order
dated 25/02/2010.
3. 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:
A) The petitioner 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.A. No. 560 /2010
3
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