IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1856 of 2010()
1. NAJEEB P.A., AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.U.K.DEVIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :31/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1856 OF 2010
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Dated this the 31st 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 the second
accused in Crime No.170 of 2010 of Nilambur Police Station.
2. The offences alleged against the accused are under
Sections 341, 294(b) and 353 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that on 4.3.2010, the accused
persons committed the offence and wrongfully restrained the Medical
Officer of the Taluk Head Quarters Hospital, Nilambur. It is
submitted that the overt acts alleged against the petitioner do not
really constitute the offence under Section 353 of the Indian Penal
Code. It is not necessary to decide that question in this Bail
Application. However, taking into account the facts and
circumstances of the case, the nature of the allegations levelled
against the petitioner and the overt acts alleged against the
B.A. NO. 1856 OF 2010
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petitioner, I am of the view that anticipatory bail can be granted to
the petitioner.
4. 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) 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
ahz/