Sudheesh vs State Represented By The Public on 5 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6385 of 2009()


1. SUDHEESH, S/O.SUKUMARAN, THOPPIL HOUSE,
                      ...  Petitioner
2. SUKUMARAN, 55 YEARS, THOPPIL HOUSE,
3. VALSALA, W/O.SUKUMARAN, 45 YEARS,

                        Vs



1. STATE REPRESENTED BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.M.SHAJU PURUSHOTHAMAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :05/11/2009

 O R D E R
                      K.T. SANKARAN, J.
                        ---------------------------
                    B.A. No. 6385 of 2009
                    ------------------------------------
            Dated this the 5th day of November, 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. 1 to 3 in Crime No. 451/2009 of Peechi Police

Station.

2. The offences alleged against the petitioners are under

sections 498-A, 323, 420 and 406 r/w section 34 of the Indian

Penal Code.

3. The first petitioner is the husband of the defacto

complainant. Petitioners 2 and 3 are the parents of the first

petitioner.

4. Heard the learned Counsel for the petitioner and

learned Public Prosecutor.

5. Taking into account the facts and circumstances of

the case, the nature of the offence and other circumstances,

I am of the view that anticipatory bail can be granted to the

petitioners. There will be a direction that in the event of the

arrest of the petitioners, the officer in charge of the police

B.A. No. 6385 of 2009

2

station shall release them on bail on their executing bond for

Rs.10,000/- each with two solvent sureties for the like amount to

the satisfaction of the officer concerned, subject to the following

conditions:

A) The first petitioner shall appear before the
investigating officer on all Mondays between
9 A.M. and 11 A.M. for a period of one month;

B) The petitioners shall appear before the
investigating officer for interrogation as and
when required;

C) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.

D) The petitioners 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

kkms/