IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2801 of 2009()
1. SAJKUMAR,AGED 27 YEARS, S/O. CHARLY,
... Petitioner
2. BAIJU, SOLAMAN, AGED 28 YEARS,
3. JOSE, AGED 27 YEARS, S/O. YESUDASAN,
Vs
1. STATE OF KERALA REP. BY THE PUBLIC PROSE
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2801 OF 2009 E
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Dated this the 7th July, 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.3, 8 and
12 in Crime No.1245 of 2008 of Kundara Police Station.
2. The offences alleged against the petitioners are under Sections
143, 147, 148, 341, 294 (b), 332, 353 and 308 read with Section 149 of
the Indian Penal Code and Section 3(1) of the Prevention of Damage to
Public Property Act, 1984.
3. Accused No.7 was granted anticipatory bail by this court as per
the order in B.A.No.706 of 2009. Accused Nos.1 and 2 were granted
anticipatory bail by the learned Sessions Judge, Kollam in Crl.M.P.No.568
of 2009.
4. Taking into account the facts and circumstances of the case,
the nature of the offence, the injury sustained 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,
B.A. NO. 2801 OF 2009
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the officer in charge of the police station shall release them on bail for a
period of one month on their executing bond for Rs.25,000/- 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 all 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) On the expiry of the period mentioned above or even before
that period, the petitioners shall surrender before the
Magistrate concerned and seek regular bail;
f) 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/