IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2752 of 2009()
1. MANOJ @ NEBU GEORGE, S/O.GEORGE,
... Petitioner
Vs
1. THE SUB INSPECTOR, THIRUVALLA POLICE
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No. 2752 of 2009
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Dated this the 26th May, 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.469/2009 of Thiruvalla Police Station.
2. The offences alleged against the petitioner are under
Sections 294(b), 452, 341, 506(ii), 324 and 323 of the Indian
Penal Code.
3. The prosecution case is that the accused committed
house trespass and assaulted the de facto complainant. The de
facto complainant is a Priest. It is stated that the de facto
complainant overtook a vehicle driven by the accused for the
purpose of turning to the right. Ignoring the indication given
for turning, the accused overtook the vehicle of the de facto
complainant. Thereafter, the de facto complainant wanted to
overtake the vehicle of the accused, which the accused did not
permit. It is alleged that the accused entered into the house of
BA.2752/09 2
the de facto complainant and committed the offences. The
injuries noted are not serious in nature. In the nature of
allegations, I do not think, custodial interrogation is absolutely
essential. There is also no case that the accused would flee
from justice.
4. Learned Public Prosecutor seriously opposed the
application for anticipatory bail.
5. Taking into account the facts and circumstances of the
case, the nature of the offences, the injury sustained 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 for a period of one
month on his executing bond for Rs.25,000/- 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 AM and 11
AM on all Mondays, till the final report is
filed or until further orders;
BA.2752/09 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) On the expiry of the period mentioned
above, the petitioner shall surrender
before the Magistrate concerned and seek
regular bail.
F) In case of breach of any of the conditions
mentioned above, the bail shall be liable to
be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
vgs.