IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4785 of 2009()
1. SURESH N.S, S/O.LATE BAIRAN N.B,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4785 OF 2009
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Dated this the 22nd day of September, 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.140 of 2009 of Badiadka Police Station.
2. The offences alleged against the petitioner are under
Sections 415, 418 and 420 of the Indian Penal Code.
3. The de facto complainant filed a complaint before the Court
of the Judicial Magistrate of the First Class, Kasaragod. That
complaint was forwarded to the police for investigation under Section
156(3) of the Code of Criminal Procedure. Accordingly, the crime
was registered.
4. The gist of the prosecution case is that after the marriage
between the daughter of the de facto complainant and the accused
was fixed, the accused person withdrew from the agreement and
thereby the de facto complainant sustained huge loss. It also
affected his reputation and reputation of his family.
B.A. NO. 4785 OF 2009
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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 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.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
ahz/