Allowed

Prakasan.M.C. v. State of Kerala

Kerala HC7 Apr 2010Bail Appl./904/2010

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the applicant charged under Section 308 IPC, considering he complied with prior directions to meet the investigating officer, subject to specific conditions.

What did the court decide?

Anticipatory bail granted subject to the execution of a bond for Rs. 15,000 and compliance with conditions of reporting and refraining from tampering with evidence.

Prakasan.M.C. Vs State of Kerala — Anticipatory Bail | 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 WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 904 of 2010() ---------------------------(CRIME NO.21/2010 OF PERUVANNAMUZHI POLICE STATION) ACCUSED ------------------PRAKASAN.M.C,S/O.NARAYANAN NAIR, 34 YEARS,MANIKKOTH CHALIL(H),CHANGAROTH AMSOM, AVADUKKA DESOM, KOYILANDY TALUK.

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BY ADV. SRI.SANTHARAM.P

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RESPONDENT: COMPLAINANT -------------------------STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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PUBLIC PROSECUTOR SRI C.M.KAMAPPU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 904 of 2010

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Dated this the 7^th day of April, 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 the accused in Crime No. 21/2010 of Peruvannamuzhi Police Station, Kozhikode District.

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The offence alleged against the petitioner is under Section 308 of the Indian Penal Code.

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When the Bail Application came up for hearing on 26.03.2010, 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 30^th and 31^st March, 2010. Post on 07.04.2010.

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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. 904 of 2010 2

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arrested until further orders in connection with Crime No.21/2010 of Peruvannamuzhi Police Station, Kozhikode 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 26.03.2010.

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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.A. No. 904 of 2010 3

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

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

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D) The petitioner 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

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above.

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K.T. SANKARAN, JUDGE

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Prakasan.M.C. v. State of Kerala

Case brief

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Prakasan.M.C. v. State of Kerala

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