IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5794 of 2009()
1. M.P.VALSALAN PILLAI, S/O.PARAMESWARAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.B.RENJITHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5794 of 2009
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Dated this the 4th 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. The petitioner
is accused No.1 in Crime No.406/2009 of Mavelikkara Police
Station.
2. The offences alleged against the petitioner are
under Sections 379 and 381 read with Section 34 of the
Indian Penal Code.
3. When the Bail Application came up for hearing on
14/10/2009, the following order was passed:
“After having heard the learned counsel for
the petitioner and the learned Public Prosecutor, I
am of the view that before disposing of the Bail
Application, an opportunity should be given to the
petitioner to appear before the investigating
officer. Accordingly, there will be a direction to
the petitioner to appear before the investigating
officer at 9 A.M. on 17th and 18th October, 2009.
B.A. No. 5794/2009
2
Post on 21/10/2009.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No. 406 of 2009 of
Mavelikara Police Station.”
4. It is submitted by the learned counsel for the
petitioner as well as the learned Public Prosecutor that the
petitioner has complied with the directions contained in the order
dated 14/10/2009.
5. 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 on his executing bond for Rs.15,000/- with two
solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
B.A. No. 5794/2009
3
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioner 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
scm