High Court Kerala High Court

Thomas Elias vs State Of Kerala on 4 March, 2009

Kerala High Court
Thomas Elias vs State Of Kerala on 4 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 874 of 2009()


1. THOMAS ELIAS, AGED 56 YEARS,
                      ...  Petitioner
2. KURIAKOSE ELIAS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/03/2009

 O R D E R
                               V. RAMKUMAR, J.
                       ===============================
                      Bail Application No. 874 of 2009
                       ===============================
                              DATED: 04.03.2009


                                  O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are

accused Nos.5 and 6 in Crime No.44 of 2009 of Ranni Police Station for

offences punishable under Secs.120A, 406,498A,308,323,327,384,506

and 511 read with Sec.34 I.P.C. and Sections 3,4 and 6(1)(a) of the

Dowry Prohibition Act, seek anticipatory bail.

2. I heard the learned counsel for the petitioners and the learned

Public Prosecutor.

3. Having regard to the allegations levelled against the

petitioners, the relative conduct of the parties, the nature of injuries

sustained by the injured and the other circumstances of the case, I am

inclined to grant anticipatory bail to the petitioners. Accordingly, a direction

is issued to the officer-in-charge of the police station concerned to release

the petitioners on bail for a period of one month in the event of their arrest

in connection with the above case on each of the petitioner executing a

bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties

each for the like amount to the satisfaction to the said officer and subject to

the following conditions:

B.A.No.874 of 2009 -:2:-

1. The petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.

2. The petitioners shall make themselves available for
interrogation including custodial interrogation as and
when required by the Investigating Officer.

3. The petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.

4. The petitioners shall not commit any offence while on
bail.

5. On the expiry of the aforesaid period, the petitioners
shall surrender before the Magistrate concerned and
seek regular bail.

If the petitioners commit breach of any of the above conditions, the

bail granted to them shall be liable to be cancelled.

This application is allowed as above.

Dated this the 4th day of March, 2009

V.RAMKUMAR,

JUDGE.

sj