IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3189 of 2009()
1. BINEESH,S/O.CHANDRAN,KARUVATH HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.V.M.SYAM KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3189 of 2009
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Dated this the 16th 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 accused in Crime
No.81 of 2009 of Wadakkanchery Police Station.
2. The offence alleged against the petitioner is under Section
363 of the Indian Penal Code.
3. I have gone through the case diary. The girl who was
allegedly kidnapped has made a statement before the police stating
that she had gone along with the petitioner with her free will and that
there was no kidnapping as such as alleged.
4. 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.25,000/- with two solvent sureties for the like
amount to the satisfaction of the officer concerned, subject to the
following conditions:
BA No.3189/2009 2
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) 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
csl