IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1888 of 2009()
1. PRAVEEN @ KICHU, AGED 24 YEARS,
... Petitioner
2. PRAVEEN @ SAJU, AGED 25 YEARS,
3. VINOD @ AMBI, AGED 25 YEARS,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No. 1888 of 2009
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Dated this the 27th May, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are the
accused in Crime No. 45/2009 of Maranalloor Police Station.
2. The offences alleged against the petitioners are under
Sections 452, 354, 341, 323, 324 and 427 read with 34 of the
Indian Penal Code.
3. Learned counsel for petitioners submitted that the
incident is alleged to have occurred on 27.2.2009 and the
matter was reported to the police only on 2.3.2009. Wound
certificate issued by the medical officer on 27.2.2009 does not
show any external injury on the de facto complainant. The
contention of the petitioners is that the case was foisted
against them and Section 452 IPC is included only to see that
the petitioners are not released on bail.
BA.1888/09 2
4. Taking into account the facts and circumstances of the
case, the nature of the offences, the injury sustained 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 for a period of one
month on their executing bond for Rs.25,000/- 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 AM and 11
AM on all 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;
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.
BA.1888/09 3
E) On the expiry of the period mentioned
above, the petitioners 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 as above.
K.T.SANKARAN, JUDGE
vgs.