IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8532 of 2010()
1. JAYAPRAKASAN, S/O.APPU
... Petitioner
2. RAJAN, S/O.APPU
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.P.K.MOHANAN(PALAKKAD)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/01/2011
O R D E R
V. RAMKUMAR, J.
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B.A. No.8532 of 2010
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Dated this the 4th day of January, 2011.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C., the petitioners
who are the accused in Crime No.798 of 2010 of Palakkad Town
South Police Station for an offence punishable under Section
498A read with Section 34 I.P.C., seek anticipatory bail.
2. I heard the learned counsel for the petitioners and the
learned Public Prosecutor.
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
(Crl.Appeal No. 2271 of 2010), I am inclined to grant anticipatory
bail to the petitioners. Accordingly, a direction is issued to the
officer-in-charge of the police station concerned to release the
B. A.No.8532/2010
2:-
petitioners on bail in the event of their arrest in connection with
the above case on each of them executing a bond for `25,000/-
(Rupees twenty five thousand only) with two solvent sureties
each for the like amount to the satisfaction to the said officer and
subject to the following conditions:
1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.
2. Petitioners shall make themselves available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.
3. Petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.
4. Petitioners 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
B. A.No.8532/2010
3:-
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).
If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be cancelled.
This application is allowed as above.
Dated this the 4th day of January, 2011.
V.RAMKUMAR, JUDGE. rv