Kerala High Court

Bail Appl./7934/2008 of JOSEPH @ JOHNY Vs THE STATE OF KERALA on 30 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 7934 of 2008() ------------------------------------ CRIME NO.387/2008 OF PEECHI POLICE STATION. PETITIONER/1ST ACCUSED:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930

Bail Appl..No. 7934 of 2008()

------------------------------------

CRIME NO.387/2008 OF PEECHI POLICE STATION.

PETITIONER/1ST ACCUSED:

----------------------------------------- JOSEPH @ JOHNY, 39 YEARS, S/O.THOMAS, RESIDING AT MATTATHIL HOUSE, AASARIKADU PO., PEECHI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.

BY ADV. SRI.A.T.ANILKUMAR

SRI.P.DALBI EMMANUEL

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC

PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE

SI OF POLICE, PEECHI IN CRIME NO.387/2008.

BY SRI. C.S. KAMMAPPU, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. K.MOHANAN, J.----------------------------------------- Bail Application No.7934 of 2008 ----------------------------------------- Dated this the 30[th] day of December, 2008

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O R D E R

In this Petition filed under Sec. 438 Cr.P.C. thepetitioner who is the first accused in Crime No.387/2008 of Peechi Police Station for the offencespunishable under Sections 498A, 323, 324 and 506(ii) ofI.P.C. read with 34 of I.P.C., seeks anticipatory bail.

2. I heard the learned counsel for the petitionerand the learned Public Prosecutor.

3. Having regard to the nature of the

allegations levelled against the petitioner and the othercircumstances of the case, I am inclined to grantanticipatory bail to the petitioner. Accordingly, adirection is issued to the officer-in-charge of the PeechiPolice Station concerned to release the petitioner onbail for a period of one month in the event of his arrestin connection with the above case on his executing a B.A.No.7934 of 2008

bond for Rs.25,000/- (Rupees Twenty five thousandonly) with two solvent sureties each for the likeamount to the satisfaction of the said officer andsubject to the following conditions:

1. Petitioner shall report before theInvestigating Officer between 9a.m. and 11 a.m. on allWednesdays.Investigating Officer between 9a.m. and 11 a.m. on allWednesdays.

2. The petitioner shall make himselfavailable for interrogation as andwhenrequiredbytheInvestigating Officer.available for interrogation as andwhenrequiredbytheInvestigating Officer.

3. The petitioner shall not influence orintimidatetheprosecutionwitnesses nor shall he attempt totamper with the evidence for theprosecution.intimidatetheprosecutionwitnesses nor shall he attempt totamper with the evidence for theprosecution.

4. Petitioner shall not commit anyoffence while on bail.offence while on bail.

5. Petitioner shall surrender beforethe Magistrate concerned and seekregular bail in the meanwhile.the Magistrate concerned and seekregular bail in the meanwhile.

B.A.No.7934 of 2008

-:3:-

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

This application is allowed as above.

pac

V.K.MOHANAN,

JUDGE.

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