High Court Kerala High Court

Shaji @ Mani vs Sub Inspector Of Police on 20 July, 2009

Kerala High Court
Shaji @ Mani vs Sub Inspector Of Police on 20 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2115 of 2009()


1. SHAJI @ MANI, S/O. THANKAPPAN,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.B.PREMOD

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :20/07/2009

 O R D E R
                        K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 2115 of 2009
                  ------------------------------------
               Dated this the 29th day of July, 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 accused

in Crime No.127/2009 of Chingavanam Police Station.

2. The offences alleged against the petitioner are under

Sections 324, 427 and 308 of the Indian Penal Code.

3. The defacto complainant is the nephew of the accused.

The petitioner has stated in the Bail Application that he is a patient

suffering from acute Myeloid Leukemia (Blood Cancer) and he is

undergoing treatment at Amrita Institute of Medical Sciences. The

learned Public Prosecutor, on getting instructions, submitted that

this statement of the petitioner is true.

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 petitioner. There will be a direction that in the

event of the arrest of the petitioner, the officer in charge of the

B.A.No. 2115 of 2009 2

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 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.

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

ln