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Giressh @ Satheesh Kumar vs The Sub Inspector Of Police on 12 January, 2010

Kerala High Court
Giressh @ Satheesh Kumar vs The Sub Inspector Of Police on 12 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7473 of 2009()


1. GIRESSH @ SATHEESH KUMAR, SATHEESH
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :12/01/2010

 O R D E R
                      K.T. SANKARAN, J.
                   ---------------------------
                    B.A. No. 7473 of 2009
               ------------------------------------
           Dated this the 12th 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.493/2009 of Mannar Police

Station, Alappuzha.

2. The offence alleged against the petitioner is under

Section 379 read with Section 34 of the Indian Penal Code.

3. When the Bail Application came up for hearing on

22/12/2009, 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 29/12/2009 and 30/12/2009. The

petitioner shall produce a copy of the order before

B.A. No. 7473/2009
2

the investigating officer

Post on 7/01/2010.

It is submitted by the learned Public Prosecutor

that the petitioner will not be arrested until further

orders in connection with Crime No. 493 of 2009 of

Mannar Police Station, Alappuzha District.”

4. It is submitted by the learned counsel for the

petitioner as well as the learned Public Prosecutor that the

petitioner has complied with the direction contained in the order

dated 22/12/2009.

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.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, till the final report is filed
or until further orders;

B.A. No. 7473/2009
3

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

scm

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