IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1469 of 2007()
1. CAPT.K.SUBRAMANYAM, AGED 69 YEARS,
... Petitioner
2. CAPT.T.K.NARAYANAN NAMBIAR,
3. THARUKUTTY @ DAVY CHEERAN,
4. T.GOPINATHAN, AGED 47 YEARS,
5. NARAYANAN @ MOHANAN, AGED 46 YEARS,
6. NAIK SUBAIDAR K.GIRIJA VALLABHAN,
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1469/2007
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Dated this 15th day of March, 2007
O R D E R
The petitioners, six in number, seek anticipatory bail
on the allegation that Chalissery Police are at their heels in
connection with Crime No.77/2007 registered for offences
punishable under Sections 286 and 304-A IPC and Section 3
of Explosives Substances Act, 1908.
2. Pending these applications the fourth petitioner,
T.Gopinathan, who was the third accused in the case was
arrested and he subsequently moved an application for regular
bail as B.A.No.1533/2007 and was enlarged on bail
3. The learned Public Prosecutor on instructions
submitted that out of surviving petitioners, the first petitioner
is the second accused and the other petitioners are not accused
in the case. In as much as the fourth petitioner who is the
third accused had already been granted bail by this Court, I
find no reason why the first petitioner who is the second
accused should not be granted anticipatory bail.
4. Accordingly, a direction is issued to the
Investigating Officer to release the first petitioner, second
accused, on bail for a period of one month in the event of his
B.A.1469/2007
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arrest in connection with the above case on his executing a
bond for Rs. 10,000/- (Rupees ten thousand only) with two
solvent sureties each for the like amount to the satisfaction to
the Investigating officer and subject to the following
conditions:
(a). The first Petitioner (Second accused)
shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.
(b). The first petitioner (second accused)
shall make himself available for
interrogation as and when required by
the Investigating Officer.
(c). The first petitioner (second accused)
shall not influence or intimidate the
prosecution witnesses nor shall he
attempt to tamper with the evidence for
the prosecution.
(d). The first Petitioner (second accused)
shall not commit any offence while on
bail.
B.A.1469/2007
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(e). The first Petitioner (second accused)
shall surrender before the Magistrate
concerned and seek regular bail in the
meanwhile.
5. If the first petitioner commits breach of any of the
above conditions, the bail granted to him shall be liable to be
cancelled.
6. In the result, the application is disposed of granting
anticipatory bail to the first petitioner, second accused. Since
the petitioners 2, 3, 5 and 6 are not accused in the case, their
apprehension of arrest and harassment is unfounded.
Recording the submission made by the learned Public
Prosecutor, the request for anticipatory bail made by the
petitioners 2, 3, 5, and 6 is rejected.
V.RAMKUMAR,
JUDGE
mrcs
B.A.1469/2007
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