IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6301 of 2009()
1. RAMESH BABU, AGED 28 YEARS,
... Petitioner
2. GEETHA, AGED 26 YEARS,
3. SUSHEELA, AGED 50 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.D.KISHORE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6301 of 2009
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Dated this the 25th 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. 2 to 4 in Crime No.306/2009 of Parassala Police Station,
Thiruvananthapuram.
2. The offence alleged against the petitioners is under
Section 304B read with Section 34 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
03/11/2009, 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 8th and
9th November, 2009.
Post on 13/11/2009.
B.A. No. 6301/ 2009
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It is submitted by the learned Public Prosecutor
that the petitioners will not be arrested until further
orders in connection with Crime No.306 of 2009 of
Parassala Police Station.”
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
03/11/2009.
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 a bond for Rs.15,000/- 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 A.M and 11 A.M.
on alternate Mondays, till the final report is filed
or until further orders;
B.A. No. 6301/ 2009
3
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
scm