Lijith vs State Of Kerala on 10 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6408 of 2009()


1. LIJITH, AGED 23, YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.DILEEP P.PILLAI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/11/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 6408 of 2009
                ------------------------------------
           Dated this the 10th day of November, 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 accused

No.7 in Crime No.497/2009 of Chathannoor Police Station,

Kollam.

2. The offences alleged against the petitioner are under

Sections 143, 144, 147, 148, 447, 452, 324, 427 and 506(ii)

read with Section 149 of the Indian Penal Code and Section 27

of the Arms Act.

3. As per the order dated 28/10/2009 in B.A. No.5382

of 2009, anticipatory bail was granted to accused Nos.1,3,4, 5

and 6.

4. When the Bail Application came up for hearing on

30/10/2009, 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

B.A. No. 6408/2009
2

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 4th and 5th

November, 2009.

Post on 10/11/2009.

It is submitted by the learned Public Prosecutor

that the petitioner will not be arrested until further

orders in connection with Crime No.497 of 2009 of

Chathannoor Police Station.”

5. The learned counsel for the petitioner and the learned

Public Prosecutor submitted that the petitioner has complied with

the directions contained in the order dated 30/10/2009.

6. 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

B.A. No. 6408/2009
3

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 all alternate Mondays, till the final report is
filed or until further orders;

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

scm