Bail Appl./8469/2013 of SHRINIVAS B M Vs STATE OF KERALA on 27 December 2013

ORDER

This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.

2. Heard the learned counsel appearing for thepetitioners and the learned Public Prosecutor appearingfor the respondents. CD produced.

3. The petitioners are the accused 1 and 2 inCrime No.1018 of 2013 of Kasaragod Police Station. Theoffences alleged are under Sections 341, 323, 294(b) and353 r/w Section 34 of IPC. The learned counsel for thepetitioners submits that the petitioners are innocent ofthe allegations raised against them. They have nocriminal antecedents. The investigation of the case isalmost over. He further submits that the petitionersapprehend arrest by the police at any time.

4. The Case Diary shows that the investigation ofthe case has progressed much. The learned PublicProsecutor submits that no criminal antecedents have B.A. No. 8469 of 2013

been reported against the petitioners. On considering thefacts and circumstances, stage of the investigation andthe fact that no criminal antecedents have been reportedagainst the petitioners, this Court is satisfied that thepetitioners can be granted anticipatory bail imposingappropriate conditions. Therefore, the petitioners aregranted anticipatory bail subject to the followingconditions:

1) The petitioners shall surrender before the Investigating Officer on or before 07.01.2014.In the event of their arrest, they shall bereleased on bail on their executing bonds forRs.15,000/- (Rupees Fifteen Thousand only)each with two solvent sureties each for thelike sum to the satisfaction of the InvestigatingOfficer.

2) The petitioners shall not directly orindirectly make any inducement, threat orpromise to any person acquainted with thefacts of the case so as to dissuade him or her from disclosing such facts to the Court or toany Police Officer.

3) The petitioners shall make themselves available for interrogation as and whenrequired by the Investigating Officer.required by the Investigating Officer.

4) The petitioners shall not influence orintimidate the prosecution witnesses nor shallthey attempt to tamper with the evidence forthe prosecution. intimidate the prosecution witnesses nor shallthey attempt to tamper with the evidence forthe prosecution.

5) The petitioners shall not commit anysimilar offences while on bail. similar offences while on bail.

6) The petitioners shall not leave Indiawithout the previous permission of theconcerned Magistrate's Court.without the previous permission of theconcerned Magistrate's Court.

This application is allowed as above.

AMV/27/12/

sd/-

(BABU MATHEW P. JOSEPH, JUDGE)

/TRUE COPY/

P.A.TO JUDGE