IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5287 of 2009()
1. P.A. THOMAS, AGED 55 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.HARIHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/10/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 5287 of 2009
------------------------------------
Dated this the 15th day of October, 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.3 in Crime No.370/2009 of Mala Police Station.
2. The offences alleged against the petitioner are under
Sections 341 and 379 of the Indian Penal Code.
3. The prosecution case is that the petitioner and others
committed theft of motor spare parts from a workshop.
4. When the Bail Application came up for hearing on
30/9/2009, 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 8th and 9th
October, 2009.
B.A. No. 5287/2009
2
Post on 15/10/2009.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.370/2009 of Mala
Police Station.”
5. The learned counsel for the petitioner as well as the
learned Public Prosecutor submitted that the petitioner has
complied with the directions contained in the order dated
30/9/2009.
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
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.A. No. 5287/2009
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) 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