High Court Kerala High Court

Praveen @ Ponni vs State Of Kerala on 16 December, 2009

Kerala High Court
Praveen @ Ponni vs State Of Kerala on 16 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5258 of 2009()


1. PRAVEEN @ PONNI,S/O.SASIKALA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.MOHAMMED AL RAFI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :16/12/2009

 O R D E R
                        K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 5258 of 2009
                  ------------------------------------
             Dated this the 16th day of December, 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.2

in Crime No.403/2009 of Balaramapuram Police Station.

2. The offences alleged against the petitioner are under

Section 323 of the Indian Penal Code and Section 3(2) of the

P.D.P.P. Act.

3. When the Bail Application came up for hearing on

02.12.2009, 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 9th and 10th December, 2009.

Post on 16.12.2009.

B.A. No. 5258 of 2009 2

It is submitted by the learned Public

Prosecutor that the petitioner will not be

arrested until further orders in connection

with Crime No.403/2009 of Balaramapuram

Police Station.

The petitioner shall produce copy of

this order before the investigating officer.

Hand over copy to both sides.”

4. It is submitted by the learned counsel for the

petitioner and the learned Public Prosecutor that the petitioner

has complied with the direction contained in the order dated

02.12.2009.

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.10,000/- with two solvent sureties for the like amount to

the satisfaction of the officer concerned, subject to the

following conditions:

B.A. No. 5258 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

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