High Court Kerala High Court

P.V.Parameswaran vs State Of Kerala on 8 December, 2009

Kerala High Court
P.V.Parameswaran vs State Of Kerala on 8 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6632 of 2009()


1. P.V.PARAMESWARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.T.RAMPRASAD UNNI

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :08/12/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 6632 OF 2009
             ------------------------------------------------------
            Dated this the 8th day of December, 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 first accused

in Crime No.677 of 2009 of Museum Police Station,

Thiruvananthapuram District.

2. The offences alleged against the petitioner and the other

accused are under Sections 406, 420, 468 and 471 read with

Section 34 of the Indian Penal Code.

3. When the Bail Application came up for hearing on

19.11.2009, 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

B.A. NO. 6632 OF 2009

:: 2 ::

investigating officer at 9 AM on 25th November, 2009.

Post on 30th November, 2009.

It is submitted by the learned Public Prosecutor

that the petitioner will not be arrested until further orders

in connection with Crime No.677 of 2009 of Museum

Police Station, Thiruvananthapuram District.”

4. It is submitted by the learned counsel for the petitioner as

well as the learned Public Prosecutor that the direction in the order

dated 19.11.2009 has been complied with by the petitioner.

5. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 19.11.2009 has been complied with

by the petitioner, 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.10,000/- with

two solvent sureties for the like amount to the satisfaction of the

officer concerned, subject to the following conditions:

B.A. NO. 6632 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

ahz/