High Court Kerala High Court

Subair vs State Of Kerala on 18 March, 2010

Kerala High Court
Subair vs State Of Kerala on 18 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 770 of 2010()


1. SUBAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :18/03/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 770 OF 2010
             ------------------------------------------------------
             Dated this the 18th day of March, 2010


                                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 first accused

in Crime No.132 of 2010 of Thodupuzha Police Station, Idukki

District.

2. The offence alleged against the petitioner is under Sections

13 and 17 of the Money Lenders Act.

3. When the Bail Application came up for hearing on 3.3.2010,

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 AM on 8.3.2010.

B.A. NO. 770 OF 2010

:: 2 ::

The petitioner shall produce a copy of the order before

the investigating officer.

Post on 12.3.2010.

It is submitted by the learned Public Prosecutor

that the petitioner will not be arrested until further

orders in connection with Crime No.132 of 2010 of

Thodupuzha Police Station.”

4. It is submitted by the learned counsel for the petitioner as

well as the learned Public Prosecutor that the direction in the order

dated 3.3.2010 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 3.3.2010 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:

B.A. NO. 770 OF 2010

:: 3 ::

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

ahz/