IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 498 of 2011()
1. DIXON, AGED 17,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/01/2011
O R D E R
V. RAMKUMAR, J.
...................................
B.A. No.498 of 2011
..................................
Dated: 24.01.2011
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner,
who is the 4th accused in Crime No.1340/2010 of Narakkal Police
Station for offences punishable under Sections 395 and 412 I.P.C.,
seeks anticipatory bail.
2. I heard the learned counsel for the petitioner and the
learned Public Prosecutor. Eventhough the learned Public
Prosecutor opposed the application, considering the fact that as
per Annexure I Birth Certificate extract the petitioner prima facie
appears to be a juvenile, I am inclined to direct the release of the
petitioner on bail.
3. After evaluating the factors and parameters which
are to be taken into consideration in the light of paragraph 122 of
the verdict dated 2-12-2010 of the Apex Court in Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others
(2010(4) KLT 930), I am inclined to grant anticipatory bail to the
petitioner. Accordingly, a direction is issued to the officer-in-
Bail A.No.498 of 2011 -:2:-
charge of the police station concerned to release the petitioner
on bail in the event of his arrest in connection with the above
case on his executing a bond for `5,000/- (Rupees five thousand
only) with two solvent sureties each for the like amount to the
satisfaction of the said officer 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. The bail granted pursuant to this order shall be
in force till the end of the trial of the case unless
and until it is cancelled by this Court in
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).
Bail A.No.498 of 2011 -:3:-
If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
This application is allowed as above.
Dated this the 24th day of January, 2011.
V.RAMKUMAR, JUDGE. sj