IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5545 of 2009()
1. PRABHAKARA, S/O. RAMACHANDRA,
... Petitioner
2. HAREESHA, S/O. PRABHAKARA, AGED 20
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SMT.C.G.PREETHA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5545 of 2009
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Dated this the 10th day of November, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1 and 2 in Crime No.641 of 2009 of Kasaragod
Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 323, 324, 427 and 452 read with Section
149 of the Indian Penal Code.
3. When the Bail Application came up for hearing on 9th
October 2009, the following order was passed:
“After having heard the learned counsel
for the petitioners and the learned Public
Prosecutor, I am of the view that before disposing
of the Bail Application, an opportunity should be
given to the petitioners to appear before the
investigating officer. Accordingly, there will be a
direction to the petitioners to appear before the
investigating officer on 19th and 20th October,
2009 at 9 A.M.
Post on 26.10.2009.
BA No.5545/2009 2
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection with
Crime No.641 of 2009 of Kasaragod Police
Station.”
4. The learned counsel for the petitioners and the
learned Public Prosecutor submitted that the petitioners have
complied with the direction in the order dated 9th October 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
petitioners.
There will be a direction that in the event of the arrest of
the petitioners, the officer in charge of the police station shall
release them on bail on their executing bond for Rs.15,000/-
each with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioners 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 petitioners shall appear before the investigating officer
for interrogation as and when required;
BA No.5545/2009 3
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners 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
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