High Court Kerala High Court

Baiju vs State Of Kerala on 5 August, 2009

Kerala High Court
Baiju vs State Of Kerala on 5 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7734 of 2008()


1. BAIJU, AGED JACOB, AGED 35,VALLIKKATTU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY P.PROSECUTOR,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :05/08/2009

 O R D E R
                      K.T. SANKARAN, J.
                   ---------------------------
                    B.A. No.7734 of 2008
                ------------------------------------
             Dated this the 5th day of August, 2009

                           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. 193/2008 of Murickasserry

Police Station, Idukki.

2. The offence alleged against the petitioner is under

Section 498 A of the Indian Penal Code.

3. I have perused the Case Diary. The case was sent

to Adalath as per the order passed by this Court on

20/01/2009 in the present Bail Application. The parties

appeared before the Adalath, but they could not arrive at

settlement.

4. 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

B.A. No.7734 /2008
Page numbers

Rs.25,000/-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;

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

scm