Allowed

M.K.Chellappan Nair & Another v. State of Kerala

Kerala HC21 Oct 2009Bail Appl./4914/2009

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to accused Nos. 1 and 2 under Section 438 CrPC regarding offences under Sections 332, 427 and 294(b) IPC, subject to conditions appearing before the investigation officer.

What did the court decide?

Anticipatory bail granted on a bond of Rs. 10,000/- each with two solvent sureties, subject to conditions of appearing for interrogation and not tampering with evidence.

M.K.Chellappan Nair & Another Vs State of Kerala — Anticipatory Bail | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931

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Bail Appl..No. 4914 of 2009(F) -----------------------------------------(CRIME NO.324/09 OF KANJAR POLICE STATION, IDUKKI DISTRICT) ....................

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PETITIONERS: ---------------------

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1. M.K.CHELLAPAAN NAIR, S/O. KRISHNAN NAIR, AGED 62 YEARS, MURIKA SADANAM, MOOLAMATTAM POST, IDUKKI DISTRICT.

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2. JYOTHI, W/O. M.K.CHELLAPPAN NAIR, AGED 55 YEARS, DO-DO-

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BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI.

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RESPONDENT: ----------------------

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR MR. M.S. BREEZ.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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K.T. SANKARAN, J.

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B.A. No. 4914 of 2009

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Dated this the 21^st day of October, 2009

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.324/2009 of Kanjar Police Station, Idukki.

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The offences alleged against the petitioners are under Sections 332, 427 and 294(b) of the Indian Penal Code.

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Heard the learned counsel for the petitioners and the and the learned Public Prosecutor.

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In this order, the facts of the case and the allegations

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made by the petitioners are not being mentioned, since it may cause prejudice to either side. However, I am of the view that in the facts and circumstances of the case, the petitioners are entitled to get an oder for anticipatory bail. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing a bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer

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B.A. No. 4914 /2009

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concerned, subject to the following conditions:

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A) The petitioners shall appear before the investigating officer for interrogation as and when required;

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B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence.

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C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail.

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D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated

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above.

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K.T. SANKARAN, JUDGE

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scm

M.K.Chellappan Nair & Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.K.Chellappan Nair & Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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