Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 2ND DAY OF JANUARY 2013 12TH POUSHA 193 Bail Appl..No. 9452 of 2012 (B) -------------------------------------------- (CRIME NO.1096/2012 OF VADAKARA POLICE STATION, KOZHIKODE DISTRICT) PETITIONER/ACCUSED: ---------------------------------- JITHESH, AGED 2 YEARS, S/O. DEVADASAN, 9/575, EAST PALOOR SOUTH, PALOOR MAHE, PONDICHERY STATE. BY ADV. SRI.ZUBAIR PULIKOOL RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MJL P.BHAVADASAN, J.
---------------------------------------------------- BA No.9452 of 2012 ---------------------------------------------------- Dated this the 2nd day of January 2013 Order The petitioner is the accused in Crime No.1096/12 of Vadakara Police Station for having committed the offences punishable under Ss.341, 323, 249(b), 283 and 353 IPC. The petitioner would say that the allegations are totally false and that he has been implicated with ulterior motives. He, therefore, seeks pre- arrest bail.
2. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having gone through the records made available in the CD, it is felt that this is a fit case warranting exercise of the extra ordinary jurisdiction of this court under Section 438 of Cr.PC. Accordingly, this application is allowed as follows :
1. The petitioner shall surrender before the Investigating Officer on or before 14.1.2013, who, after interrogation, shall produce him before the JFCM concerned. BA 9452/1”
2. On an application being filed by the petitioner before the JFCM concerned, he shall be released on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM concerned. 3.The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioner. 4.The petitioner shall appear before the Investigating Officer as and when required by him, till final report is filed. 5.The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 6.If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, on being BA 9452/12 3 satisfied of the said fact, may take such steps as are available to him in law. P.Bhavadasan, Judge sta BA 9452/12 4