IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6383 of 2009()
1. BALACHANDRAN NAIR, AGED
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6383 of 2009
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Dated this the 4th day of December, 2009
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.501/2009 of Koippuram Police Station,
Pathanamthitta.
2. The offences alleged against the petitioner are under
Sections 294(b) and 326 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
10/11/2009, the following order was passed:
” The de facto complainant and the accused are
said to be relatives. Learned counsel for the
petitioner sought two weeks’ time to explore the
possibilities of a settlement. Post after two weeks.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested till then in
connection with Crime No.501/2009 of Koippuram
Police Station, Pathanamthitta District.”
4. The learned counsel for the petitioner has filed a
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memo dated 3/12/2009 stating that the defacto complainant and
the petitioner are relatives and that the disputes between them
have been settled amicably. An affidavit signed by the defacto
complainant is also produced along with the memo. Though, it is
stated in the memo that the court suggested a settlement, the
learned counsel for the petitioner submitted that it was a mistake
and the correct state of affairs is as shown in the order dated
10/11/2009.
5. Taking into account the facts and circumstances of the
case and the subsequent developments, 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.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.A. No. 6383 / 2009
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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
scm