Sajith Kumar vs State Of Kerala on 15 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7528 of 2009()


1. SAJITH KUMAR, AGED 26 YEARS,
                      ...  Petitioner
2. AJAYAKUMAR, AGED 24 YEARS, S/O.AMBILI,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :15/02/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 7528 OF 2009
              ------------------------------------------------------
              Dated this the 15th day of February, 2010


                                 O R D E R

When the Bail Application came up for hearing on 1.2.2010,

the following order was passed:

“This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure. The

petitioners are accused Nos.1 and 2 in Crime No.594

of 2009 of Balaramapuram Police Station,

Thiruvananthapuram.

2. The offences alleged against the

petitioners are under Sections 454, 341 and 308 read

with Section 34 of the Indian Penal Code.

3. Heard the learned counsel for the

petitioners and the learned Public Prosecutor. It is

seen that no serious injuries were sustained by the de

facto complainant.

4. Taking into account the facts and

circumstances of the case, I am of the view that before

disposing of the Bail Application, an opportunity should

B.A. NO. 7528 OF 2009

:: 2 ::

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 February,

2010.

5. Post on 15/02/2010.

6. It is submitted by the learned Public

Prosecutor that the petitioners will not be arrested until

further orders in connection with Crime No.594 of

2009 of Balaramapuram Police Station.

The petitioners shall produce copy of this order

before the investigating officer.”

2. It is submitted by the learned counsel for the petitioners as

well as the learned Public Prosecutor that the direction in the order

dated 1.2.2010 has been complied with by the petitioners.

3. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 1.2.2010 has been complied with by

the petitioners, I am of the view that anticipatory bail can be granted

B.A. NO. 7528 OF 2009

:: 3 ::

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/-

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

officer concerned, subject to the following conditions:

a) The petitioners shall appear before the investigating
officer for interrogation as and when required;

b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioners 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

ahz/