IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3501 of 2009()
1. PHIIP, S/O. JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.N.SUKUMARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3501 of 2009
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Dated this the 30th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in Crime
No.42 of 2009 of Devikulam Police Station.
2. The offences alleged against the petitioner are under
Sections 417 and 420 of the Indian Penal Code.
3. The case of the defacto complainant is that the petitioner
promised to marry her in September 2007 and took away some of her
gold ornaments and cash of Rs.30,000/-. The FI statement was
recorded on 4.4.2009. The FI statement would also indicate that she
had sexual contacts with the accused with her consent.
4. 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.25,000/- with two solvent sureties for the like
BA No.3501 /2009 2
amount to the satisfaction of the officer concerned, subject to the
following conditions:
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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