IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5472 of 2009()
1. SHABOS DAVID,
... Petitioner
2. SANOJ, BLOCK NO.55, MUKKADU
3. SANEESH PANICKER, KALARICKAL VEEDU,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.T.P.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5472 of 2009
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Dated this the 25th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.2 to
4 in S.C No. 511 of 2007 on the file of the Additional District &
Sessions (Ad- Hoc) Court- 1, Pathanamthitta.
2. The offences alleged against the petitioners are under
Sections 450 and 436 read with Section 34 of the Indian Penal
Code.
3. It is submitted by the learned counsel for the
petitioners that during the committal proceedings, the
petitioners were granted bail. After the committal proceedings,
the petitioners were not served summons. Therefore, they
could not appear before the court. A non-bailable warrant was
issued against the petitioners. The petitioners surrendered
before court on 15/9/2009. They moved an application for bail,
which was dismissed by the learned Sessions Judge as per the
order dated 16/9/2009.
B.A. No. 5472/2009
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4. The learned counsel for the petitioners submitted that
the petitioners undertake to appear before the court on all
posting dates without fail. The petitioners are prepared to comply
with any conditions that may be imposed by the Court for the
grant of bail.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
6. The petitioners shall be released on bail on their
executing a bond for Rs.25,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Court of the
Additional District & Sessions Judge (Ad-Hoc)-1, Pathanamthitta
subject to the following conditions:-
A) The petitioners shall appear before the
Station House Officer, Keezhvayoor on
every Sunday between 9 A.M. and
11 A.M., until further orders.
B) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
B.A. No. 5472/2009
3
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 as above.
K.T. SANKARAN, JUDGE
scm