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.
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B.A. No. 7473 of 2009
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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
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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
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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
