IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3055 of 2009()
1. PRAJEESHKUMAR,S/O.CHATHAN,AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.3055 of 2009
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Dated this the 11th day of June, 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
accused in Crime No.110/2009 of Meppayaur Police Station.
2. The offences alleged against the petitioner are
under Sections 448 and 427 of the Indian Penal Code and
Section 30 of the Explosive Substances Act.
3. The First Information statement given by
Ajayakumar shows that at about 3 a.m on 24/05/2009, he
woke up hearing a noise and found a bomb in the courtyard. It
is also stated one bomb had exploded. It is also stated in the
F.I. statement that nephew (petitioner) and brother of the
defacto complainant had certain financial dealings and that the
petitioner had threatened the defacto complainant. Therefore,
the defacto complainant suspects the petitioner in respect of
commission of the offence. There is no specific allegation
against the petitioner in the F.I. Statement that he has
B.A. No.3055/2009
2
committed the offence. The investigation is progressing. The
petitioner apprehends arrest.
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 for a period of one month on his executing bond for
Rs.25,000/- 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 Mondays, till the final report is filed or until
further orders;
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.
B.A. No.3055/2009
3
E) On the expiry of the period mentioned above, the
petitioner shall surrender before the Magistrate
concerned and seek regular bail.
F) 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