High Court Kerala High Court

Ajayakhosh V.R. vs State Of Kerala on 12 November, 2009

Kerala High Court
Ajayakhosh V.R. vs State Of Kerala on 12 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6035 of 2009()


1. AJAYAKHOSH V.R., S/O.K.VASUDEVAN,
                      ...  Petitioner
2. AJITH KUMAR V.R.,

                        Vs



1. STATE OF KERALA, REP. BY SUB
                       ...       Respondent

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :12/11/2009

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 6035 OF 2009
            ------------------------------------------------------
            Dated this the 12th day of November, 2009

                               O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. Petitioners are accused Nos.1 and

2 in Crime No.601 of 2009 of Paripalli Police Station, Kollam District.

2. The offences alleged against the petitioners are under

Sections 379 and 506(ii) read with Section 34 of the Indian Penal

Code.

3. When the Bail Application came up for hearing on

29.10.2009, the following order was passed:

“After having heard the learned counsel for the

petitioners and the learned Public Prosecutor, I am of

the view that before disposing of the Bail Application,

an opportunity should be given to the petitioners to

appear before the investigating officer. Accordingly,

there will be a direction to the petitioners to appear

before the investigating officer at 9 AM on 5th and 6th

November, 2009.

B.A. NO. 6035 OF 2009

:: 2 ::

Post on 12th November 2009. The petitioners

shall produce a copy of the order before the

investigating officer.

It is submitted by the learned Public Prosecutor that

the petitioners will not be arrested until further orders in

connection with Crime No.601 of 2009 of Paripalli Police

Station, Kollam District.”

4. It is submitted by the learned counsel for the petitioners as well

as the learned Public Prosecutor that the direction in the order dated

29.10.2009 has been complied with by the petitioners.

5. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 29.10.2009 has been complied with

by the petitioners, I am of the view that anticipatory bail can be

granted to the petitioners. There will be a direction that in the event

of the arrest of the petitioners, the officer in charge of the police

station shall release them on bail on their executing bond for

Rs.15,000/- each with two solvent sureties for the like amount to the

satisfaction of the officer concerned, subject to the following

conditions:

B.A. NO. 6035 OF 2009

:: 3 ::

a) The petitioners shall appear before the investigating
officer for interrogation as and when required;

b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioners 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

ahz/