Allowed

Praveen v. State of Kerala

Kerala HC11 Mar 2010Bail Appl./208/2010

Case brief

AI extract

What is this about?

The Court allowed an application for anticipatory bail under Section 438 CrPC to the petitioner, who was accused of offences under IPC Sections 341, 323, 324, 326 read with Section 34. Bail was granted subject to specific conditions including reporting to the investigating officer and not tampering with witnesses.

What did the court decide?

Anticipatory bail granted subject to reporting, interrogation, and conduct conditions; release on bond of Rs. 15,000 with two sureties.

Praveen Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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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

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THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931

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Bail Appl..No. 208 of 2010() --------------------------------CRIME NO. 559/2009 OF POOJAPPURA POLICE STATION

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PETITIONER/ACCUSED :

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---------------------------

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PRAVEEN, S/O. VELLIGIRI, AGED 26 YEARS, MELEKARIMPALIL VEEDU, ANNOOR PO, THIRUVANANTHAPURAM.

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BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G.

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RESPONDENTS:

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---------------

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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM

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2. THE SUB INSPECTOR OF POLICE POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM.

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BY SRI. M.S.BREEZ PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 208 of 2010

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Dated this the 11^th day of March, 2010

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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 petitioner is accused No.2 in Crime No.559/2009 of Poojappura Police Station.

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The offences alleged against the petitioner are under Sections 341, 323, 324 and 326 read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for hearing on 22.02.2010, the following order was passed:

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“After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 1^st and 2^nd March, 2010.

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Post on 08.03.2010.

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It is submitted by the learned Public Prosecutor that the petitioner will not be

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B.A. No. 208 / 2010 2

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arrested until further orders in connection with Crime No.559/2009 of Poojappura Police Station, Thiruvananthapuram District.

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The petitioner shall produce copy of this order before the investigating officer.

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Hand over copy to both sides.”

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It is submitted by the learned counsel for the petitioner

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and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 22.02.2010.

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Taking into account the facts and circumstances of the case, the nature of the offence 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 event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders;

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

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B.A. No. 208 / 2010 3

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

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

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E) 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 above.

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K.T. SANKARAN, JUDGE

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Praveen v. State of Kerala

Case brief

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Praveen v. State of Kerala

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