High Court Kerala High Court

Sasi Kumar vs State Of Kerala on 23 March, 2010

Kerala High Court
Sasi Kumar vs State Of Kerala on 23 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 934 of 2010()


1. SASI KUMAR, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.SUNIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :23/03/2010

 O R D E R
                         K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.934 of 2010
                  ---------------------------------------------
             Dated this the 23rd day of March, 2010


                               ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is the sole

accused in Crime No.572 of 2009 of Harippad Police Station.

2. The offences alleged against the petitioner are under

Sections 468, 471 and 409 of the Indian Penal Code.

3. When the Bail Application came up for hearing on

10.3.2010, the following order was passed:

“After having heard the learned counsel for

the petitioner and the learned Public Prosecutor, I

am of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioner to appear before the investigating

officer. Accordingly, there will be a direction to

the petitioner to appear before the investigating

officer at 9 A.M. on 16th and 17th March 2010.

Post on 23.3.2010.

It is submitted by the learned Public

Prosecutor that the petitioner will not be arrested

until further orders in connection with Crime

No.572 of 2009 of Harippad Police Station,

BA No.934/2010 2

Alappuzha District.

The petitioner shall produce copy of this

order before the investigating officer.”

4. It is submitted by the learned counsel for the

petitioner as well as the learned Public Prosecutor that the

direction contained in the order dated 10.3.2010 has been

complied with by the petitioner.

5. 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 10.3.2010 has been

complied with by the petitioner, 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 arrest of

the petitioner, the officer in charge of the police station shall

release him on bail on his 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 petitioner shall appear before the investigating officer
for interrogation as and when required;

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

BA No.934/2010 3

c) The petitioner 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
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