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.
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B.A. No. 7676 of 2009
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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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