IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4233 of 2009()
1. BABU, AGED 46 YEARS,
... Petitioner
2. SATHYAN, AGED 42 YEARS,
3. VIJAYAN, AGED 45 YEARS,
4. BALAKRISHNAN, AGED 33 YEARS,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.R.PADMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4233 OF 2009
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Dated this the 16th day of November, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4
in Crime No.250 of 2009 of Sooranad Police Station, Kollam District.
2. The offences alleged against the petitioners are under
Sections 324, 326 and 341 of the Indian Penal code.
3. When the Bail Application came up for hearing on
5.11.2009, the following order was passed:
“After having heard the learned counsel for the
petitioners and the learned Public Prosecutor, I am of
the view that before disposing of the Bail Application,
an opportunity should be given to the petitioners to
appear before the investigating officer. Accordingly,
there will be a direction to the petitioners to appear
before the investigating officer at 9 AM on 9th and 10th
November, 2009.
B.A. NO. 4233 OF 2009
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Post on 16th November, 2009.
It is submitted by the learned Public Prosecutor that
the petitioners will not be arrested until further orders in
connection with Crime No.250 of 2009 of Sooranad Police
Station.”
4. It is submitted by the learned counsel for the petitioners as well
as the learned Public Prosecutor that the direction in the order dated
5.11.2009 has been complied with by the petitioners.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 5.11.2009 has been complied with by
the petitioners, I am of the view that anticipatory bail can be granted
to the petitioners. There will be a direction that in the event of the
arrest of the petitioners, the officer in charge of the police station
shall release them on bail on their executing bond for Rs.15,000/-
each with two solvent sureties for the like amount to the satisfaction
of the officer concerned, subject to the following conditions:
a) The petitioners 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.A. NO. 4233 OF 2009
:: 3 ::
b) The petitioners shall appear before the investigating
officer for interrogation as and when required;
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners 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/