IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2400 of 2009()
1. AJI,S/O.SEBASTIAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2400 of 2009
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Dated this the 5th day of June, 2009
ORDER
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.266 of 2009 of Kollam East Police Station.
2. The offences alleged against the petitioner are under Sections
294(b), 324, 452 and 509 read with Section 34 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner pointed out that
another accused by name Anilkumar was granted anticipatory bail by
the learned Sessions Judge, Kollam, as per the order dated 27th May
2009 in Crl.M.P.No.1353 of 2009.
4. 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 for a period of one month on his executing bond for
BA No.2400 /2009 2
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 report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, till the final
report is filed or until further orders;
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) On the expiry of the period mentioned above, the petitioner shall
surrender before the Magistrate concerned and seek regular bail;
f) 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