P.P.Venugopalan vs State Of Kerala on 12 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5458 of 2009()


1. P.P.VENUGOPALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.B.PREMNATH (E)

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :12/11/2009

 O R D E R
                      K.T. SANKARAN, J.
                    ---------------------------
                    B.A. No. 5458 of 2009
               ------------------------------------
          Dated this the 12th day of November, 2009


                           O R D E R

When the Bail Application came up for hearing on

29.10.2009, the following order was passed:

“This is an application for anticipatory bail
under Section 438 of the Code of Criminal
Procedure. The petitioner is accused No.2 in
Crime No. 417/2009 of Taliparamba Police
Station.

2. The offences alleged against the
petitioner are under Section 292 of the Indian
Penal Code and Section 7 (1) and 7-B of the
Cinematograph Act.

3. The date of occurrence was on
12.07.2009. The petitioner is implicated in the
case on the ground that he is the owner of the
theatre in which the obscene film was exhibited.

4. The petitioner has produced along with
Crl. M. A. No. 5979/2009, a true copy of the
agreement dated 24.03.2009 executed between
him and one Unnikrishnan. According to the
petitioner, the theatre was leased to
Unnikrishnan for a period of 11 months from
01.04.2009, as per the agreement.

5. 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

B.A. No. 5458 of 2009 2

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 4th and 5th
November, 2009.

Post on 12.11.2009.

It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
until further orders in connection with Crime No.
417/2009 of Taliparamba Police Station.

Hand over copy of this order to both sides.”

4. 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 29.10.2009.

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:

B.A. No. 5458 of 2009 3

A) The petitioner shall appear before the
investigating officer for interrogation as and when
required;

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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