Allowed

Santhosh K.M v. State of Kerala

Kerala HC21 Jun 2011Bail Appl./3878/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the first accused in a Section 498A IPC case filed under Section 438 Cr.P.C., directing police to release him upon executing a bond and complying with specified conditions.

What did the court decide?

Petitioner released on anticipatory bail on execution of bond for 25,000 with two sureties and compliance with five conditions until end of trial.

Santhosh K.M Vs State of Kerala — Property and Title | Kerala HC (2011)

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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 V.RAMKUMAR

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TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933

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Bail Appl..No. 3878 of 2011() --------------------------------

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CRIME NO. 76/2011 of PANANGAD POLICE STATION

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PETITIONERS:

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SANTHOSH K.M., S/O. MADHAVAN, AGED 41 YEARS, KUNNINGAL HOUSE, KUMBALAM, ERNAKULAM DISTRICT.

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BY ADV. SRI.VINUCHAND

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RESPONDENTS:

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STATE OF KERALA, RPRESENTED BY SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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======================= B.A. No. 3878 of 2011

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======================= Dated this the 21^st day of June, 2011.

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O R D E R

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In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the first accused in Crime No.76 of 2011 of Panangad Police Station for an offence punishable under Section 498 (A) I.P.C. seeks anticipatory bail.

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I heard the learned counsel for the petitioner and the learned Public Prosecutor.

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After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930) , I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioner on bail in the event of his arrest in connection with the above case on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions:

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B. A No.3878/2011

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-:2:-

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The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.

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The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

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Petitioner shall not commit any offence while on bail.

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The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra).

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If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

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This application is allowed as above.

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Dated this the 21st day of June, 2011.

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sd/- V.RAMKUMAR, JUDGE.

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//True Copy//

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