IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2524 of 2009()
1. MELVIN, S/O. MICHAEL,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2524 OF 2009 A
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Dated this the 26th May, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioner apprehends that he would be
made an accused in Crime No.70 of 2009 of Koratty Police Station.
Learned Public Prosecutor submits that the petitioner is not arrayed as an
accused and that the police only suspects that the petitioner has
committed the offence.
2. The offence alleged against the petitioner is under Sections 457
and 380 of the Indian Penal Code.
3. The de facto complainant alleged that the mobile phone
belonging to his daughter was stolen. The incident allegedly took place
on 31.12.2008. It was reported to the police only on 23.2.2009. The
petitioner has a case that he is in love with the daughter of the de facto
complainant. On 22.2.2009, the family members of the de facto
complainant went for a second show movie. On their return, the petitioner
was found in the room of the de facto complainant’s daughter and that he
was beaten black and blue by the de facto complainant’s people.
B.A. NO. 2524 OF 2009
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According to him, the attempt of the de facto complainant is to make him
an accused in a case involving non-bailable offence and to see that he is
put behind the bars.
4. Taking into account the facts and circumstances of the case,
the nature of the offence 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 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;
B.A. NO. 2524 OF 2009
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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
ahz/