High Court Kerala High Court

Chandy Mathew vs State Of Kerala on 8 April, 2009

Kerala High Court
Chandy Mathew vs State Of Kerala on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1760 of 2009()


1. CHANDY MATHEW,ARUVICKAL HOUSE,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.C.B.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/04/2009

 O R D E R
                      V. RAMKUMAR, J.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                   B.A. No. 1760 of 2009
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 8th day of April, 2009

                           O R D E R

Petitioner who is the accused in Crime No.249/2009 of

Punaloor Police Station for offences punishable under

Sections 420, 465, 467 and 468 I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the

application.

3. Anticipatory bail cannot be granted in a case of this

nature. But at the same time, I am inclined to permit the

petitioner to surrender before the Investigating Officer for the

purpose of interrogation and then to have his application for bail

considered by the Magistrate having jurisdiction. Accordingly,

the petitioner shall surrender before the investigating officer on

17-4-2009 or on 18-4-2009 for the purpose of interrogation and

recovery of incriminating material, if any. The petitioner shall

thereafter be produced on the same day before the Magistrate

concerned. On being convinced that the petitioner has been

interrogated by the police, the Magistrate shall release the

petitioner on bail on the petitioner executing a bond for Rs.

25,000/- (Rupees twenty five thousand only) with two solvent

BA 1760/2009 -2-

sureties each for the like amount to the satisfaction of the

Magistrate and subject to the following conditions:-

1) The petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2) The petitioner shall make himself available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

3) Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.

4) Petitioner shall not commit any offence while on
bail.

5) If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable
to be cancelled.

This petition is disposed of as above.

V. RAMKUMAR,
JUDGE.

mn.