IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6515 of 2009()
1. RADHAKRISHNAN, AGED 39 YEARS,
... Petitioner
2. PRADEEP B., AGED 31 YEARS,
3. SATHEESAN M.N., AGED 39 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.PADMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/11/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 6515 of 2009
------------------------------------
Dated this the 30th day of November, 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 accused
Nos. 1 to 3 in Crime No.686/2009 of Pandalam Police Station.
2. The offences alleged against the petitioners are under
Sections 452, 294(b), 427, 354 and 324 read with Section 34 of
the Indian Penal Code.
3. When the Bail Application came up for hearing on
16.11.2009, 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 at
9 A.M. on 23rd and 24th November, 2009.
Post on 30.11.2009.
B.A. No. 6515 of 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.686/2009 of Pandalam
Police Station.
The petitioners shall produce a copy
of the order before the investigating
officer.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the petitioners
and the learned Public Prosecutor that the petitioners have
complied with the direction contained in the order dated
16.11.2009.
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.10,000/- each with
two solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
B.A. No. 6515 of 2009 3
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;
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
ln