IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5258 of 2009()
1. PRAVEEN @ PONNI,S/O.SASIKALA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5258 of 2009
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Dated this the 16th 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 accused No.2
in Crime No.403/2009 of Balaramapuram Police Station.
2. The offences alleged against the petitioner are under
Section 323 of the Indian Penal Code and Section 3(2) of the
P.D.P.P. Act.
3. When the Bail Application came up for hearing on
02.12.2009, 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 investigating officer at 9 A.M.
on 9th and 10th December, 2009.
Post on 16.12.2009.
B.A. No. 5258 of 2009 2
It is submitted by the learned Public
Prosecutor that the petitioner will not be
arrested until further orders in connection
with Crime No.403/2009 of Balaramapuram
Police Station.
The petitioner shall produce copy of
this order before the investigating officer.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the
petitioner and the learned Public Prosecutor that the petitioner
has complied with the direction contained in the order dated
02.12.2009.
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
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. 5258 of 2009 3
A) The petitioner 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 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.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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