IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2019 of 2007()
1. K.RAJAGOPALAN,AGED 65 YEARS,
... Petitioner
2. K.RADHAKRISHNAN NAIR,AGED 55 YEARS,
3. C.RAMADAS,AGED 57 YEARS,S/O.T.K.NAIR,
Vs
1. STATE OF KERALA REPRESENTED BY S.H.O
... Respondent
For Petitioner :SRI.M.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/04/2007
O R D E R
V. RAMKUMAR, J.
````````````````````````````````````````````````````
B.A. No. 2019 OF 2007 B
````````````````````````````````````````````````````
Dated this the 3rd day of April, 2007
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioners,
who are accused Nos.1 to 3 in Crime No.238/07 of Vatakara Police
Station for an offence punishable under Sec.353 read with section 34
I.P.C., seek anticipatory bail.
2. The case of the prosecution is that during the early hours of
18.3.07 the Sales Tax Squad stopped for inspection a Maruti Omni Van
in which the petitioners were travelling and 19 units of speed governors,
for which tax had been paid, were seized but on insisting to receive the
notice in Form 17A read with Rule 67 of the Kerala Value Added Tax Act
the petitioners refused to receive the same and sped away in the Maruti
Omni Van.
3. Learned Public Prosecutor submitted that subsequently the
petitioners have paid the amounts due and the properties were returned
to the petitioners.
4. In view of the circumstances, 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
petitioners on bail for a period of one month in the event of their arrest
BA.2019/07
: 2 :
in connection with the above case on each of them executing a bond for
Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each
for the like amount to the satisfaction to the said officer and subject to
the following conditions:
a. Petitioners shall report before the
Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
b. Petitioners shall make themselves
available for interrogation as and when
required by the Investigating Officer.
c. Petitioners shall not influence or
intimidate the prosecution witnesses nor
shall they attempt to tamper with the
evidence for the prosecution.
d. Petitioners shall not commit any
offence while on bail.
e. Petitioners shall surrender before the
Magistrate concerned and seek regular bail
in the meanwhile.
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.
(V. RAMKUMAR, JUDGE)
aks
