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Baburaj vs State Of Kerala on 24 March, 2010

Kerala High Court
Baburaj vs State Of Kerala on 24 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1183 of 2010()


1. BABURAJ, S/O.SUKUMARAN, POTTAVILA VEEDU,
                      ...  Petitioner
2. VIJAYARAJ, S/O. SUKUMARAN,
3. SUDARSANADAS, S/O.JOHNSON,
4. WILSON, S/O.JOHNSON, KANJIVILA VEEDU,
5. SELIN, S/O.JOHNSON, CHEKKALAKKAL

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.PIRAPPANCODE V.S.SUDHIR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :24/03/2010

 O R D E R
                          K.T.SANKARAN, J.
                   ---------------------------------------------
                          B.A.No.1183 of 2010
                   ---------------------------------------------
              Dated this the 24th day of March, 2010


                                ORDER

The petitioners apprehend arrest by Neyyattinkara police in

Crime No.186 of 2010, on an allegation of having committed non

bailable offence under Section 304 read with Section 34 of the

Indian Penal Code. The learned Public Prosecutor submitted

that the names of petitioners 1, 3 and 4 were deleted from the

array of accused. Petitioners 2 and 5 are respectively accused

Nos.5 and 1.

2. When the Bail Application came up for hearing on

10.3.2010, 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 A.M. on 17th and 18th March, 2010.

The petitioners shall produce a copy of the order

before the investigating officer.

BA No.1183/2010 2

Post on 24th March, 2010.

It is submitted by the learned Public

Prosecutor that the petitioners will not be

arrested until further orders in connection with

Crime No.186 of 2010 of Neyyattinkara Police

Station.”

3. It is submitted by the learned counsel for the

petitioners as well as the learned Public Prosecutor that the

direction contained in the order dated 10.3.2010 has been

complied with by petitioners 2 and 5.

4. 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 10.3.2010 has been

complied with by petitioners 2 and 5, I am of the view that

anticipatory bail can be granted to petitioners 2 and 5 (Accused

Nos.5 and 1).

There will be a direction that in the event of the arrest of

petitioners 2 and 5, 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

BA No.1183/2010 3

conditions:

a) Petitioners 2 and 5 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) Petitioners 2 and 5 shall appear before the
investigating officer for interrogation as and
when required;

c) Petitioners 2 and 5 shall not try to influence the
prosecution witnesses or tamper with the
evidence;

d) Petitioners 2 and 5 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 closed in so far as it relates to

petitioners 1, 3 and 4 as their names were deleted from the array

of accused and the Bail Application is allowed in the manner

indicated above in so far as it relates to petitioners 2 and 5.

K.T.SANKARAN,
JUDGE
csl

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