High Court Kerala High Court

Shaiju vs The Deputy Superintendent Of … on 12 January, 2007

Kerala High Court
Shaiju vs The Deputy Superintendent Of … on 12 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7437 of 2006()


1. SHAIJU, S/O.PUTHUPALLY PARAMBIL THOMAS,
                      ...  Petitioner

                        Vs



1. THE DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.T.N.MANOJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/01/2007

 O R D E R
                                  V. RAMKUMAR, J.

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                 BAIL APPLICATION NO. 7437  OF 2006

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             DATED THIS THE 12th  DAY OF JANUARY, 2007


                                       O R D E R

Petitioner who is a suspected accused in Crime No.378/04 of

Puthukkad Police Station registered under the caption ‘unnatural

death’ in respect of one Mohanan who died due to drowning, seeks

anticipatory bail.

2. Learned Public Prosecutor on instructions submitted that

even though the death of the deceased was due to drowning, which

might be accidental, the petitioner is being suspected since he has

been giving prevaricatory answers and also since the deceased was

last seen alive with the company of the petitioner. At any rate, the

above submission is a good ground for the petitioner to entertain a

reasonable apprehension of arrest. I am inclined to grant anticipatory

bail to the petitioner, but safeguarding the interest of the prosecution

as well.

3. Accordingly, a direction is issued to the officer-in-charge of the

police station concerned to release the petitioner on bail for a period of

one month in the event of his arrest in connection with the above

case on his executing a bond for Rs.10,000/- with two solvent sureties

each for the like amount to the satisfaction of the said officer and

subject to the following conditions:

B.A.NO.7437/06 Page numbers

1. Petitioner shall report before the Investigating

Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. The petitioner shall make himself available for

interrogation as and when required by the Investigating

Officer.

3. The petitioner shall not influence or intimidate the

prosecution witnesses nor shall he attempt to tamper with

the evidence for the prosecution.

4. Petitioner shall not commit any offence while on

bail.

5. Petitioner shall surrender before the Magistrate

concerned and seek regular bail in the meanwhile.

If the petitioner commits breach of any of the above conditions,

the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

V.RAMKUMAR,JUDGE.

dsn