IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2115 of 2009()
1. SHAJI @ MANI, S/O. THANKAPPAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.B.PREMOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 2115 of 2009
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Dated this the 29th day of July, 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 accused
in Crime No.127/2009 of Chingavanam Police Station.
2. The offences alleged against the petitioner are under
Sections 324, 427 and 308 of the Indian Penal Code.
3. The defacto complainant is the nephew of the accused.
The petitioner has stated in the Bail Application that he is a patient
suffering from acute Myeloid Leukemia (Blood Cancer) and he is
undergoing treatment at Amrita Institute of Medical Sciences. The
learned Public Prosecutor, on getting instructions, submitted that
this statement of the petitioner is true.
4. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained 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
B.A.No. 2115 of 2009 2
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:
A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.
D) 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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