IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6291 of 2009()
1. JOHNSON, S/O.RAJU GEORGE,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.SANTHOSH P.ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6291 of 2009
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Dated this the 18th day of November, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
first accused in Crime No.943 of 2009 of Pathanamthitta Police
Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 149, 294(b), 324 and 452 of the Indian Penal
Code.
3. When the Bail Application came up for hearing on
3.11.2009, 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 7th and 8th November, 2009.
Post on 12.11.2009.
It is submitted by the learned Public
BA No.6291/2009 2
Prosecutor that the petitioner will not be
arrested until further orders in connection with
Crime No.943 of 2009 of Pathanamthitta Police
Station.
The petitioner shall serve a copy of this
order to the investigating officer.”
4. The learned counsel for the petitioner and the learned
Public Prosecutor submitted that the petitioner has complied
with the direction contained in the order dated 3.11.2009.
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.15,000/- 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 for a
period of two months;
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
BA No.6291/2009 3
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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