High Court Kerala High Court

Najeeb P.A. vs State Of Kerala on 31 March, 2010

Kerala High Court
Najeeb P.A. vs State Of Kerala on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1856 of 2010()


1. NAJEEB P.A., AGED 28 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.U.K.DEVIDAS

                For Respondent  : No Appearance

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

 Dated :31/03/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 1856 OF 2010
             ------------------------------------------------------
             Dated this the 31st 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 second

accused in Crime No.170 of 2010 of Nilambur Police Station.

2. The offences alleged against the accused are under

Sections 341, 294(b) and 353 read with Section 34 of the Indian

Penal Code.

3. The prosecution case is that on 4.3.2010, the accused

persons committed the offence and wrongfully restrained the Medical

Officer of the Taluk Head Quarters Hospital, Nilambur. It is

submitted that the overt acts alleged against the petitioner do not

really constitute the offence under Section 353 of the Indian Penal

Code. It is not necessary to decide that question in this Bail

Application. However, taking into account the facts and

circumstances of the case, the nature of the allegations levelled

against the petitioner and the overt acts alleged against the

B.A. NO. 1856 OF 2010

:: 2 ::

petitioner, I am of the view that anticipatory bail can be granted to

the petitioner.

4. 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) 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
ahz/