Viju vs State Of Kerala on 3 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1698 of 2009()


1. VIJU, AGED 27 YEARS, S/O.VIJAYANANDAN,
                      ...  Petitioner
2. VIJAYANANDAN, AGED 62 YEARS,
3. PRASANNA, AGED 51 YEARS,

                        Vs



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

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/04/2009

 O R D E R
                           V. RAMKUMAR, J.
                    - - - - - - - - - - - - - - - - -
                 Bail-Application NO. 1698 of 2009
                      - -DATED:- -3-04-2009- - -
                          - - -     - - - - -


                               O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioners
who are accused Nos. 1 to 2 in Crime No. 109 of 2009 of
Kunnicodu Police Station for an offence punishable under
Section398 A read with Sec. 34 I.P.C. seek anticipatory bail. The
first petitioner already arrested and has been released on bail
subsequently. So, the request for anticipatory bail with regard to
A1 is infructous and is dismissed.

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

3. Having regard to the nature of the allegations levelled
against the petitioners 2 and 3 and the other circumstances of the
case, I am inclined to grant anticipatory bail to the second and third
petitioners. Accordingly, a direction is issued to the officer-in-
charge of the police station concerned to release the petitioners 2
and 3 on bail for a period of one month in the event of their arrest
in connection with the above case on each of them executing a bond
for Rs. 25,000/- (Rupees twenty five thousand only) with two
solvent sureties each for the like amount to the satisfaction to the
said officer and subject to the following conditions:

1. The second petitioner shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on

Bail A.No. 1708 of 2009 -:2:-

all Wednesdays.

2. Petitioners 2 and 3 shall make themselves
available for interrogation including custodial
interrogation as and when required by the
Investigating Officer.

3. Petitioners 2 and 3 shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence for the
prosecution.

4. Petitioners 2 and 3 shall not commit any
offence while on bail.

5. Petitioners 2 and 3 shall surrender before the
Magistrate concerned and seek regular bail in the
meanwhile.

If the petitioners 2 and 3 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 3rd April, 2009.

V.RAMKUMAR,

JUDGE.

ani.