The High Court of Kerala granted anticipatory bail to the petitioner, who was accused of violating Section 135A of the Electricity Act, subject to conditions including appearance for interrogation.
Anticipatory bail granted on bond of Rs. 10,000 with two sureties, conditioned on appearance for interrogation and non-tampering with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933
Bail Appl..No. 5696 of 2011() ----------------------------CRIME NO.780/2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM ....................
PETITIONER/ACCUSED : ---------------------------
PRATHAPAN.K,AGED 37 YEARS, S/O.KARTHIKEYAN,SREE MANDIRAM,EDAVATTOM, VELLIMON.P.O,(LEKSHMI METALS),MINI INDUSTRIAL ESTATE),PERINADU,KUNDARA.
BY ADV. SRI. K.SIJU SMT.BINDU GEORGE
RESPONDENT(S):
STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,ANCHALUMMOODU POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.
PUBLIC PROSECUTOR SRI.V.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5696 of 2011
Dated this the 5th day of August, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.780 of 2011 of Anchalummoodu Police Station, Kollam District.
“3. The prosecution case is that on 25.6.2011, the Anti Power Theft Squad of the Electricity Board conducted inspection in the industrial unit run by the petitioner. The Squad found unauthorised additional load given by the petitioner in the unit. The Squad also found that the wire from CT coil to the meter was removed.
BA 5696/2011
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6. Post on 5th August, 2011.
It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.780 of 2011 of Anchalummoodu Police Station, Kollam District, till 10th August, 2011.
The petitioner shall produce a copy of this order before the investigating officer.”
BA 5696/2011
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as well as the learned Public Prosecutor that the direction in the order dated 26.7.2011 has been complied with by the petitioner.
There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions :
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The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN
JUDGE
csl
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner accused of an offence under Section 135A of the Electricity Act.
2 provisions across 2 enactments
PRATHAPAN.K
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
