Rms S.Sajeev vs State Of Kerala on 24 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7311 of 2009()


1. RMS S.SAJEEV, S/O.LATE SAJ K.S.,
                      ...  Petitioner
2. KUTTAN @ GOPAKUMAR, S/O.GOPINATHAN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.ALAN PAPALI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :24/02/2010

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 7311 of 2009
                ------------------------------------
            Dated this the 24th day of February, 2010

                            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.12 and 13 in Crime No.575 of 2009 of Kilikolloor Police

Station, Kollam.

2. The offences alleged against the petitioners are under

Sections 143, 147, 148, 451, 427 and 294(b) read with

Section 149 of the Indian Penal Code and Section 27 of the Arms

Act.

3. When the Bail Application came up for hearing on

10/02/2010, 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 17th and

B.A. No. 7311 /2009
2

18th February, 2010.

Post on 24/02/2010.

It is submitted by the learned Public Prosecutor

that the petitioners will not be arrested until further

orders in connection with Crime No. 575 of 2009 of

Kilikolloor Police Station, Kollam.

The petitioners shall produce copy of this order

before the investigating officer.”

4. It is submitted by the learned counsel for the

petitioners as well as the learned Public Prosecutor that the

petitioners have complied with the direction contained in the

order dated 10/02/2010.

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.15,000/-each with

two solvent sureties for the like amount to the satisfaction of the

B.A. No. 7311 /2009
3

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) 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