IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7304 of 2009()
1. KRISHNPRASAD, MANAGER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY SHO,
... Respondent
For Petitioner :SRI.DEVAPRASANTH.P.J.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7304 of 2009
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Dated this the 22nd 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.111/2009 of Kasaragod Police Station.
2. The offences alleged against the petitioner are under
Sections 17 and 18-A-6(A) of the Kerala Money Lenders Act.
3. When the Bail Application came up for hearing on
14.12.2009, 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 17th and 18th December,
2009. The petitioner shall produce a copy of
the order before the investigating officer.
B.A. No. 7304 of 2009 2
Post on 22.12.2009.
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection
with Crime No.111/2009 of Kasaragod
Police Station.
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 14.12.2009.
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 appear before the
investigating officer for interrogation as and
when required;
B.A. No. 7304 of 2009 3
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
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