IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 646 of 2010()
1. KATTILICHALIL LAKSHMI, AGED 37 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
3. DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.JAISON JOSEPH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 646 of 2010
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Dated this the 17th day of March, 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
the accused in Crime No.71/2010 of Nedumbassery Police
Station, Ernakulam.
2. The offences alleged against the petitioner are under
Sections 419, 468 and 471 of the Indian Penal Code and
Section 12(1)(b)(d) of the Passport Act.
3. When the Bail Application came up for hearing on
5/03/2010, 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 9/3/2010 and 10/3/2010. The
B.A. No. 646/2010
2
petitioner shall produce a copy of the order before
the investigating officer.
Post on 17/3/2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.71 of 2010 of
Nedumbassery Police Station.”
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 5/03/2010.
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
her on bail on her 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:
B.A. No. 646/2010
3
A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence;
C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail;
D) 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