IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 128 of 2010()
1. PRASAD, AGED 57 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 128 of 2010
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Dated this the 11th 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.1 in Crime No. 148/2009 of Nooranadu Excise
Range, Alappuzha District.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. When the Bail Application came up for hearing on
24.02.2010, 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 04th and 05th March,
2010. The petitioner shall produce a copy of
the order before the investigating officer.
B.A. No. 128/2010 2
Post on 11.03.2010.
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection with
Crime No.148/2009 of Nooranadu Excise
Range, Alappuzha District.
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 24.02.2010.
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 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.A. No. 128/2010 3
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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