IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2378 of 2009()
1. JOHNKUTTY, AGED 55,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2378 of 2009
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Dated this the 2nd day of November, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No.176 of 2009 of Kunnikode Police Station.
2. The offences alleged against the petitioner are under
Sections 294(b) and 353 of the Indian Penal Code.
3. The prosecution case is that the petitioner abused the
police party and asked them whether they could only park the
police vehicle in front of his house.
4. 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:
BA No.2378/2009 2
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
csl