Sunil vs The Station House Officer on 6 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8622 of 2010()


1. SUNIL, S/O. RAMANKUTTY, AGED 30 YEARS,
                      ...  Petitioner
2. RAMANKUTTY, S/O. RAMAN, AGED 65 YEARS,
3. REMANI, W/O. RAMANKTTY, AGED 50 YEARS,

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/01/2011

 O R D E R
                          V. RAMKUMAR, J.
              ..............................................
                        B.A. No.8622 of 2010
             ................................................
             Dated this the 6th day of January, 2011.

                               O R D E R

In this Petition filed under Sec. 438 Cr.P.C., the petitioners

who are accused Nos. 1 to 3 in Crime No. 1003 of 2010 of

Cherpu Police Station for offences punishable under Sections 120

(b), 406 and 498(A) r/w Section 34 I.P.C., seek anticipatory

bail.

2. I heard the learned counsel for the petitioners and the

learned Public Prosecutor.

3. After evaluating the factors and parameters which are

to be taken into consideration in the light of paragraph 122 of

the verdict dated 2-12-2010 of the Apex Court in Siddharam

(Crl.Appeal No. 2271 of 2010), I am inclined to grant anticipatory

bail to the petitioners. Accordingly, a direction is issued to the

officer-in-charge of the police station concerned to release the

B.A. No. 8622/2010 -:2:-

petitioners on bail in the event of their arrest in connection with

the above case on each of them executing a bond for `25,000/-

(Rupees twenty five thousand only) with two solvent sureties

each for the like amount to the satisfaction to the said officer and

subject to the following conditions:

1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2. Petitioners shall make themselves available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

3. Petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.

4. Petitioners shall not commit any offence while on
bail.

5. The bail granted pursuant to this order shall be
in force till the end of the trial of the case unless
and until it is cancelled by this Court in
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).

B.A. No. 8622/2010 -:3:-

If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be cancelled.

This application is allowed as above.

Dated this the 6th day of January, 2011.

                                         V.RAMKUMAR,        JUDGE.
rv