Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 8940 of 2012 () ------------------------------ (CRIME NO 716/2012 OF NADAKKAV POLICE STATION, KOZHIKODE DISTRICT) PETITIONER/ACCUSED: ---------------------------- ANEESH KUMAR, AGED 3 YEARS S/O. BHASKARAN KURUP, MANJOLI HOUSE, MOODADI AMSOM MUCHUKUNNU DESOM, KOZHIKODE TALUK. BY ADVS.SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J.
RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, REPRESENTING SI OF POLICE NADAKKAV POLICE STATION - 682031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.BHAVADASAN, J ----------------------------------------- B.A No.8940 of 2012 --------------------------------------------------- Dated this the 20th day of December, 2012 ORDER
Relying on Annexure 1 and contending that the petitioner has been falsely implicated , he seeks pre-arrest bail.
2. Considering the contentions raised by the petitioner, the nature of allegation raised against him and the manner in which the offence committed etc. it is felt that it is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. Accordingly, the petition is allowed as follows: i) The petitioner shall surrender before the Investigating Officer on or before 28.12.2012 who after interrogation shall produce him before the JFCM concerned and on an application for bail being moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. Iii) The petitioner shall appear before the Investigating Officer concerned for interrogation as and B.A No.8940 of 2012 :
2. when required by him until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN Judge ab