BAIL APPL No. 7060 of 2009 · Kerala High Court
Case at a glance
Outcome
Bail granted
The Bail Application is allowed to the extent indicatedabove
Provisions considered
Key paragraphs
- Para 33. When the Bail Application came up for hearing on08.12.2009, the following order was passed: After having heard the learned counselfor the petitioner and the learned PublicProsecutor, I am of the view that beforedisposing of the Bail Application, an opportunityshould be given to the petitioner…
- Para 55. Taking into account the facts and circumstances of thecase, the nature of the offence and other circumstances, I am ofthe view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of thepetitioner…
Judgment
K.T. SANKARAN, J.---------------------------B.A. No. 7060 of 2009------------------------------------Dated this the 21st day of December, 2009
O R D E R This is an application for anticipatory bail under Section 438of the Code of Criminal Procedure. The petitioner is accused No.1in Crime No. 730/2009 of Kottayam East Police Station.
The offences alleged against the petitioner are under Sections 143, 149, 364-A, 120-B and 342 of the Indian PenalCode.
When the Bail Application came up for hearing on08.12.2009, the following order was passed:
After having heard the learned counselfor the petitioner and the learned PublicProsecutor, I am of the view that beforedisposing of the Bail Application, an opportunityshould be given to the petitioner to appearbefore the investigating officer. Accordingly, there will be a direction to the petitioner toappear before the investigating officer at 9 A.M.on 14th and 15th December, 2009. Thepetitioner shall produce copy of this orderbefore the investigating officer. B.A. No. 7060 of 2009 2Post on 18.12.2009. It is submitted by the learned PublicProsecutor that the petitioner will not bearrested until further orders in connection with Crime No.730/2009 of Kottayam East PoliceStation. Hand over copy to both sides.
It is submitted by the learned counsel for the petitionerand the learned Public Prosecutor that the petitioner hascomplied with the direction contained in the order dated08.12.2009.
Operative part
Taking into account the facts and circumstances of thecase, the nature of the offence and other circumstances, I am ofthe view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of thepetitioner, the officer in charge of the police station shall releasehim on bail on his executing bond for Rs. 15,000/- with twosolvent sureties for the like amount to the satisfaction of theofficer concerned, subject to the following conditions:A) The petitioner shall report before theinvestigating officer between 9 A.M and 11 A.M.on alternate Mondays, till the final report is filedor until further orders; B.A. No. 7060 of 2009 3B) The petitioner shall surrender his passport withinone week before investigating officer. C)The petitioner shall appear before theinvestigating officer for interrogation as andwhen required;D)The petitioner shall not try to influence theprosecution witnesses or tamper with theevidence.E) The petitioner shall not commit any offence orindulge in any prejudicial activity while on bail.F) In case of breach of any of the conditionsmentioned above, the bail shall be liable to becancelled. The Bail Application is allowed to the extent indicatedabove. K.T. SANKARAN, JUDGEln
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Bail Application is allowed to the extent indicatedabove
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438.
Which court decided this case, and when?
Kerala High Court, on 21 Dec 2009. The bench was K T SANKARAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.