IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4179 of 2009()
1. SAMSON K.M.,S/O.MATHEW,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4179 of 2009
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Dated this the 10th day of August, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is the 6th accused in Crime No.682/2009 of Kundara Police
Station.
2. The offences alleged against the petitioner are
under Sections 366A and 376 read with Section 34 of the
Indian Penal Code.
3. I have perused the Case Diary. The only allegation
levelled against the petitioner is that the victim was taken in
his vehicle for a short distance. The victim was dropped at the
residence of the friend of the first accused. The victim was
taken to several other places by the first accused, according to
the prosecution. In all those incidents, the 6th accused is not a
party.
4. 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
B.A. No. 4179 / 2009
Page numbers
arrest of the petitioner, the officer in charge of the police station
shall release him on bail on his executing bond for Rs.25,000/-
with two solvent sureties for the like amount to the satisfaction
of the officer concerned, subject to the following conditions:
A) The petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on every alternate Mondays, till the final report is
filed or until further orders;
B) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioner 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