IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2793 of 2008()
1. SADARUDEEN, S/O. KOCHUNNI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.GEORGE CHERIAN
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. 2793 of 2008
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ORDER
This is an application for anticipatory bail
filed under Section 438 of the Cr.P.C.
2. Petitioner is an accused in Crime No.
211/08 of Kunnathunadu Police Station, registered
for offence under Section 498A IPC read with
Section 34 thereof, on the basis of a complaint
filed by his wife. Heard the submissions of the
counsel for the petitioner and the Public
Prosecutor and perused the records. I am not of
the view that anticipatory bail shall not be
granted to the petitioner in the circumstances of
this case.
In the result, allowing this application, 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.20,000/- with two solvent
BA 2793/08 2
sureties each for like sums to the satisfaction of
the Magistrate.
On the above conditions being satisfied, the
petitioner can be enlarged on bail.
On such release, the petitioner shall appear
before the Investigating Officer on every alternate
days for a period of two weeks and thereafter on
all Tuesdays and Fridays only for a further period
of two months or till the investigation in the case
is over and final report is laid, whichever event
happen earlier.
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.
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
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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.
6th May, 2008 (K.P.Balachandran, Judge)
tkv