High Court Kerala High Court

Sasi vs The Sub Inspector Of Police on 13 December, 2010

Kerala High Court
Sasi vs The Sub Inspector Of Police on 13 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8068 of 2010()


1. SASI, AGED 60 YEARS,
                      ...  Petitioner
2. BABY, AGED 58 YEARS, W/O.SASI,
3. R.LAWRENCE, AGED 33 YEARS,
4. DEVASAHAYAM, AGED 48 YEARS,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.THIRUMALA P.K.MANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/12/2010

 O R D E R
                             V. RAMKUMAR, J.
                           ...................................
                 Bail Application No.8068 of 2010
                ..........................................................
            Dated this the 13th day of December, 2010

                                    O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioners,

who are accused Nos.2 to 5 in Crime No.473/2010 of Pozhiyoor

Police Station for offences punishable under Sections 498-A,

323 and 34 I.P.C., seek anticipatory bail.

2. I heard the learned counsel for the petitioners and the

learned Public Prosecutor.

3. After evaluating the factors and parameters which

are to be taken into consideration in the light of paragraph 122

of the verdict dated 2-12-2010 of the Apex Court in

Siddharam Satlingappa Mhetre v. State of Maharashtra and

Others (Crl.Appeal No. 2271 of 2010), I am inclined to grant

anticipatory bail to the petitioners. Accordingly, a direction is

issued to the officer-in-charge of the police station concerned to

release the petitioners on bail for a period of one month in the

event of their arrest in connection with the above case on each

of them executing a bond for Rs. 25,000/- (Rupees twenty five

B.A. No.8068/2010 -:2:-

thousand only) with two solvent sureties each for the like

amount to the satisfaction to the said officer and subject to the

following conditions:

1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2. Petitioners shall make themselves available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

3. Petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.

4. Petitioners shall not commit any offence while on
bail.

5. The bail granted pursuant to this order shall be
in force till the end of the trial of the case unless
and until it is cancelled by this Court in
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).

If the petitioners commit breach of any of the above

conditions, the bail granted to them shall be liable to be

cancelled.

This application is allowed as above.

V.RAMKUMAR, JUDGE.

ln