IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7988 of 2008()
1. RAFEEK,S/O. ABBAS, AMBALATH VEETIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.7988 of 2008
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Dated this the 27th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No.825 of 2008 of Vatanappilly Police Station.
2. The offence alleged against the petitioner is under
Section 420 of the Indian Penal Code.
3. When the Bail Application came up for hearing on 14th
October 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 20.10.2009 and 21.10.2009.
Post on 27.10.2009.
It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
until further orders in connection with Crime
No.825 of 2008 of Vatanappilly Police Station.”
4. The learned counsel for the petitioner and the learned
BA No.7988/2009 2
Public Prosecutor submitted that the petitioner has complied
with the direction in the order dated 14th 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 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:
a) The petitioner shall appear before the investigating officer
for interrogation as and when required;
b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) 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
csl
BA No.7988/2009 3
K.T.SANKARAN, J.
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B.A.No.7988 of 2009
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Dated this the 14th day of October, 2009
ORDER
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 20.10.2009 and
21.10.2009.
Post on 27.10.2009.
It is submitted by the learned Public Prosecutor that the
petitioner will not be arrested until further orders in connection
with Crime No.825 of 2008 of Vatanappilly Police Station.
K.T.SANKARAN,
JUDGE
csl
BA No.7988/2009 4
Hand over copy to both sides.