IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5700 of 2009()
1. C.B.GIREESH,S/O. BHASKARAN, 26 YEARS
... Petitioner
Vs
1. STATE OF KERALA, S.I. OF POLICE,
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5700 of 2009
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Dated this the 21st day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.7 in Crime No.32 of 2009 of Thalapuzha Police
Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 341, 332, 294(b), 506(ii) and 308 read
with Section 149 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
8th October 2009, 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 15.10.2009 and 16.10.2009.
Post on 21.10.2009.
It is submitted by the learned Public
BA No.5700/2009 2
Prosecutor that the petitioner will not be arrested
until further orders in connection with Crime
No.325 of 2009 of Thalapuzha Police Station.”
4. The learned counsel for the petitioner and the learned
Public Prosecutor submitted that the petitioner has complied
with the direction in the order dated 8th October 2009.
5. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained 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.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 report before the investigating officer
between 9 A.M. and 11 A.M. on alternate Mondays for a
period of two months;
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
BA No.5700/2009 3
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
csl
BA No.5700/2009 4
K.T.SANKARAN, J.
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B.A.No.5700 of 2009
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Dated this the 8th day of October, 2009
ORDER
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 15.10.2009 and
16.10.2009.
Post on 21.10.2009.
It is submitted by the learned Public Prosecutor that the
petitioner will not be arrested until further orders in connection
with Crime No.325 of 2009 of Thalapuzha Police Station.
K.T.SANKARAN,
JUDGE
csl
BA No.5700/2009 5
Hand over copy to both sides.