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Dasan vs State Of Kerala on 15 January, 2010

Kerala High Court
Dasan vs State Of Kerala on 15 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7676 of 2009()


1. DASAN, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :15/01/2010

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                    B.A. No. 7676 of 2009
                ------------------------------------
            Dated this the 15th day of January, 2010


                           O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is accused

No.1 in Crime No.179/2009 of Thottilpalam Police Station,

Kozhikode District.

2. The offences alleged against the petitioner are under

Section 304 of the Indian Penal Code and Sections 3 and 6 of the

Explosive Substances Act.

3. When the Bail Application came up for hearing on

07.01.2010, 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 10th and 11th January,

2010.

B.A. No. 7676 of 2009 2

Post on 15.01.2010.

It is submitted by the learned Public

Prosecutor that the petitioner will not be

arrested until further orders in connection with

Crime No.179/2009 of Thottilpalam Police

Station, Kozhikode.

The petitioner shall produce copy of this

order before the investigating officer.

Hand over copy to both sides.”

4. It is submitted by the learned counsel for the petitioner

and the learned Public Prosecutor that the petitioner has

complied with the direction contained in the order dated

07.01.2010.

5. 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.15,000/- with two

solvent sureties for the like amount to the satisfaction of the

officer concerned, subject to the following conditions:

B.A. No. 7676 of 2009 3

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) 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

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