IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 255 of 2010()
1. RAJEESH, S/O.THANKAPPAN, AGED 24 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SMT.DEEPTHI S.MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 255 of 2010
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Dated this the 25th day of March, 2010
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.7 in Crime No.69/2008 of Kainady Police Station, Kottayam.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 149, 452, 427, 323 and 324 read with
Section 149 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
12/03/2010, 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 18th and 19th March, 2010.
Post on 25/03/2010.
B.A. No. 255/2010
2
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.69 of 2008 of
Kainady Police Station, Kottayam.
The petitioner shall produce a copy of the
order before the investigating officer.”
4. It is submitted by the learned Public Prosecutor that
the petitioner has not complied with the direction contained in
the order dated 12/03/2010.
5. Taking into account the facts and circumstances of the
case and also taking note of the fact that the petitioner has not
complied with the direction contained in the order dated
12/3/2010, I am of the view that the petitioner is not entitled to
the discretionary relief under Section 438 of the Code of Criminal
Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
scm