IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4652 of 2009()
1. ABDUL SAMAD, S/O.KHALID,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE, REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/10/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 4652 OF 2009
------------------------------------------------------
Dated this the 22nd day of October, 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 the third accused
in Crime No.331 of 2008 of Thalassery Police Station, Kannur
District.
2. The offences alleged against the accused persons are
under Sections 341, 343, 379, 384, 354, 506(ii), 365 and 120B read
with Section 34 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
8.10.2009, 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
B.A. NO. 4652 OF 2009
:: 2 ::
before the investigating officer at 9 AM on 15th and 16th
October, 2009.
Post on 22.10.2009.
It is submitted by the learned Public Prosecutor that
the petitioner will not be arrested until further orders in
connection with Crime No.331 of 2008 of Thalassery
Police Station, Kannur.”
4. It is submitted by the learned counsel for the petitioner as well
as the learned Public Prosecutor that the direction in the order dated
8.10.2009 has been complied with by the petitioner.
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 8.10.2009 has been complied with by
the petitioner, 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.25,000/- with two
solvent sureties for the like amount to the satisfaction of the officer
concerned, subject to the following conditions:
B.A. NO. 4652 OF 2009
:: 3 ::
a) The petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on alternate
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;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) 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/