IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 985 of 2010()
1. ABDUL JABBAR, S/O ALIKOYA,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REP.BY THE
For Petitioner :SRI.P.V.KUNHIKRISHNAN
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. 985 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 the accused
in Crime No. 26/2010 of Town Police Station, Kozhikode.
2. The offence alleged against the petitioner is under
Section 420 of the Indian Penal Code.
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 5th March, 2010.
The petitioner shall produce a copy of the
order before the investigating officer.
Post on 11.03.2010.
B.A. No. 985 of 2010 2
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection with
Crime No.26/2010 of Town Police Station,
Kozhikode.
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.10,000/- 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.
B.A. No. 985 of 2010 3
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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