High Court Kerala High Court

Aji vs State Of Kerala on 5 June, 2009

Kerala High Court
Aji vs State Of Kerala on 5 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2400 of 2009()


1. AJI,S/O.SEBASTIAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :05/06/2009

 O R D E R
                          K.T.SANKARAN, J.
                      -----------------------------
                          B.A.No.2400 of 2009
                      ------------------------------
                Dated this the 5th day of June, 2009




                                 ORDER

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioner is the first accused in

Crime No.266 of 2009 of Kollam East Police Station.

2. The offences alleged against the petitioner are under Sections

294(b), 324, 452 and 509 read with Section 34 of the Indian Penal

Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioner pointed out that

another accused by name Anilkumar was granted anticipatory bail by

the learned Sessions Judge, Kollam, as per the order dated 27th May

2009 in Crl.M.P.No.1353 of 2009.

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 police station shall

release him on bail for a period of one month on his executing bond for

BA No.2400 /2009 2

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 report before the investigating officer
between 9 A.M. and 11 A.M. on all 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) On the expiry of the period mentioned above, the petitioner shall
surrender before the Magistrate concerned and seek regular bail;

f) 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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