IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2171 of 2009()
1. YESUKUNJU,S/O.YAGAPPAN,AGED 48 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,POOVAR
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/05/2009
O R D E R
K.T.SANKARAN, J.
-----------------------------------------
B.A.No.2171 of 2009
-----------------------------------------
Dated this the 27th May, 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. 53/09 of Poovar Police Station.
2. The offence alleged against the petitioner is under
Section 394 of the Indian Penal Code.
3. The de facto complainant is the brother of the accused.
The allegation is that the petitioner snatched away a gold
chain owned by the de facto complainant and also caused
injuries on the body of the de facto complainant.
4. Learned Public Prosecutor submitted that the
petitioner is involved in other case as well.
5. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained 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
BA.2171/09 2
event of the arrest of the petitioner, the officer in charge of the
police station shall release him on bail for a period of one
month 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 report before the
investigating officer between 9 AM and 11
AM on all Mondays, till the final report is
filed or until further orders;
B) The petitioner shall appear before the
investigating officer for interrogation as
and when required;
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence;
D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
E) On the expiry of the period mentioned
above, the petitioner shall surrender
before the Magistrate concerned and seek
regular bail.
BA.2171/09 3
F) In case of breach of any of the conditions
mentioned above, the bail shall be liable to
be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
vgs.