IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5903 of 2009()
1. K.T.THANKACHAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTING
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5903 of 2009
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Dated this the 16th day of December, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No. 208/2009 of Kumarakam Police Station,
Kottayam.
2. The offences alleged against the petitioner are under
Sections 324 and 308 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
02.12.2009, 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 10.12.2009 and
11.12.2009. The petitioner shall produce
copy of this order before the investigating
officer.
B.A. No. 5903 of 2009 2
Post on 16.12.2009.
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection
with Crime No.208/2009 of Kumarakam
Police Station, Kottayam.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the petitioner
and the learned Public Prosecutor that the petitioner has
complied with the direction contained in the order dated
02.12.2009.
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.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, till the final report
is filed or until further orders;B.A. No. 5903 of 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
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