IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3999 of 2009()
1. SHINE,
... Petitioner
2. SHAN,
3. MURALI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3999 of 2009
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Dated this the 18th 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 petitioners are accused
Nos. 2, 3 and 4 in Crime No. 445/2009 of Chavara Police Station.
2. The offences alleged against the petitioners are under
Sections 324, 326 read with Section 34 of the Indian Penal Code.
3. The learned Public Prosecutor submitted that petitioners
1 and 2 who are accused Nos. 2 and 3 were deleted from the
array of accused. Hence this Bail Application has become
unnecessary in so far as it relates to petitioners 1 and 2.
4. I have perused the Case Diary and also the Discharge
Certificate.
5. 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 3rd petitioner. There will be a direction that in the
event of the arrest of the 3rd petitioner, the officer in charge of the
police station shall release him on bail on his executing bond for
B.A. No. 3999 of 2009 2
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 3rd petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on all alternate Mondays, till the final report is
filed or until further orders;
B) The 3rd petitioner shall appear before the
investigating officer for interrogation as and when
required;
C) The 3rd petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The 3rd 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
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