Kerala High Court
Bail Appl./8020/2007 of BENEDICT Vs STATE OF KERALA on 28 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 Bail Appl..No. 8020 OF 2007() ----------------------------- PETITIONER/ACCUSED NO.2 ------------------- BENEDICT, S/O. WILFRED, HARI BHAVAN, PATTOOR, VANCHIYOOR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929
Bail Appl..No. 8020 OF 2007()
-----------------------------
PETITIONER/ACCUSED NO.2
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BENEDICT, S/O. WILFRED,
HARI BHAVAN, PATTOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.C.C.THOMAS (SR.)
SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENT/ COMPLAINANT
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STATE OF KERALA, REPRESENTED BY
SUB INSPECTOR OF POLICE, KOVALAM,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI. RAVINDRA BABU.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28/12/2007, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. K.MOHANAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Bail Application NO.8020 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28[th] day of December,2007.
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O R D E R
In this application filed under Sec. 438 Cr.P.C. the petitioner, who is the 2[nd] accused in Crime No.348/2007 ofKovalam Police Station for an offence punishable under section55(a) of the Abkari Act, seeks anticipatory bail.
2. I have heard the learned counsel for the petitionerand the learned Public Prosecutor.
3. Having regard to the nature of the allegations levelledagainst the petitioner and the other circumstances of the case, Iam inclined to grant anticipatory bail to the petitioner.Accordingly, a direction is issued to the officer-in-charge of thepolice station concerned to release the petitioner on bail for aperiod of one month in the event of his arrest in connection withthe above case on executing a bond for Rs. 10,000/- with twosolvent sureties each for the like amount to the satisfaction of thesaid officer and subject to the following conditions:
1. Petitioner shall report before the Investigating Officerbetween 9 a.m. and 11 a.m. on all Wednesdays.between 9 a.m. and 11 a.m. on all Wednesdays.
BA 8020/07
2. Petitioner shall make himselves available forinterrogation as and when required by theInvestigating Officer.interrogation as and when required by theInvestigating Officer.
3. Petitioner shall not influence or intimidate theprosecution witnesses nor shall they attempt totamper with the evidence for the prosecution.prosecution witnesses nor shall they attempt totamper with the evidence for the prosecution.
4. Petitioner shall not commit any offence while on bail.
5. Petitioner shall surrender before the Magistrateconcerned and seek regular bail in the meanwhile.concerned and seek regular bail in the meanwhile.
4. If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
V.K.MOHANAN, JUDGE.