High Court Kerala High Court

C.B.Gireesh vs State Of Kerala on 21 October, 2009

Kerala High Court
C.B.Gireesh vs State Of Kerala on 21 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5700 of 2009()


1. C.B.GIREESH,S/O. BHASKARAN, 26 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, S.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :21/10/2009

 O R D E R
                       K.T.SANKARAN, J.
                 ---------------------------------------------
                        B.A.No.5700 of 2009
                 ---------------------------------------------
            Dated this the 21st day of October, 2009



                              ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is

accused No.7 in Crime No.32 of 2009 of Thalapuzha Police

Station.

2. The offences alleged against the petitioner are under

Sections 143, 147, 148, 341, 332, 294(b), 506(ii) and 308 read

with Section 149 of the Indian Penal Code.

3. When the Bail Application came up for hearing on

8th October 2009, the following order was passed:

“After having heard the learned counsel for

the petitioner and the learned Public Prosecutor,

I am of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioner to appear before the investigating

officer. Accordingly, there will be a direction to

the petitioner to appear before the investigating

officer at 9 A.M. on 15.10.2009 and 16.10.2009.

Post on 21.10.2009.

It is submitted by the learned Public

BA No.5700/2009 2

Prosecutor that the petitioner will not be arrested

until further orders in connection with Crime

No.325 of 2009 of Thalapuzha Police Station.”

4. The learned counsel for the petitioner and the learned

Public Prosecutor submitted that the petitioner has complied

with the direction in the order dated 8th October 2009.

5. 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 on his executing bond for Rs.10,000/- 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 for a
period of two months;

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

BA No.5700/2009 3

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

BA No.5700/2009 4

K.T.SANKARAN, J.

———————————————

B.A.No.5700 of 2009

———————————————
Dated this the 8th day of October, 2009

ORDER

After having heard the learned counsel for the petitioner

and the learned Public Prosecutor, I am of the view that before

disposing of the Bail Application, an opportunity should be given

to the petitioner to appear before the investigating officer.

Accordingly, there will be a direction to the petitioner to appear

before the investigating officer at 9 A.M. on 15.10.2009 and

16.10.2009.

Post on 21.10.2009.

It is submitted by the learned Public Prosecutor that the

petitioner will not be arrested until further orders in connection

with Crime No.325 of 2009 of Thalapuzha Police Station.

K.T.SANKARAN,
JUDGE

csl

BA No.5700/2009 5

Hand over copy to both sides.