Allowed

Sreenath S.Nair v. State of Kerala

Kerala HC12 Oct 2011Bail Appl./7349/2011

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to the petitioner, a sole accused in cheque-related offences, subject to conditions of reporting, interrogation cooperation, and non-interference with witnesses, noting his compliance with a prior direction to appear.

What did the court decide?

Anticipatory bail granted with bond of `10,000/- and two sureties, subject to conditions of reporting and cooperation with investigation.

Sreenath S.Nair Vs State of Kerala — Anticipatory Bail | 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 K.T.SANKARAN

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WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933

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Bail Appl..No. 7349 of 2011()

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------------------------CRIME NO.657/2011 OF CHIRAYINKEEZHU POLICE STATION THIRUVANANTHAPURAM DISTRICT

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PETITIONER/ACCUSED :

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SREENATH.S.NAIR,S/O.SISUPALAN NAIR, THOTTATHIL VEEDU,THETTICHIRA,KURAKKADA.P.O, AZHOOR VILLAGE.

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BY ADV. SRI.M.DINESH

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RESPONDENTS: STATE AND COMPLAINANT

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

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THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION,CHIRAYINKEEZHU.

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PUBLIC PROSECUTOR SRI.DANESH MATHEW

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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--------------------------------------------Bail Appln.No.7349 of 2011

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Dated this the 12^th day of October, 2011

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ORDER

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.657 of 2011 of Chirayinkeezhu Police Station, Thiruvananthapuram District.

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The offences alleged against the petitioner are under Sections 452, 294(b), 324 and 354 of the Indian Penal Code.

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When the Bail Application came up for admission on 28/09/2011, the following order was passed:

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“3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 7^th and 8^th October, 2011.

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Bail Appln.No.7349/2011

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: 2 :

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Post on 12^th October, 2011.

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It is submitted by the learned Public

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Prosecutor that the petitioner will not be arrested in connection with Crime No.657 of 2011 of Chirayinkeezhu Police Station, till 16^th October, 2011.

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The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.”

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It is submitted by the learned counsel for the petitioner that the direction in the order dated 28/09/2011 has been complied with by the petitioner.

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Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 28/09/2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:-

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Bail Appln.No.7349/2011

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: 3 :

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

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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 above.

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K.T.SANKARAN, JUDGE

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skj

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True copy

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P.A. to Judge

Sreenath S.Nair v. State of Kerala

Case brief

What is this about?

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Sreenath S.Nair v. State of Kerala

Case brief

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