Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 28TH DAY OF DECEMBER 2012 7TH POUSHA 193 Bail Appl..No. 9585 of 2012 () ------------------------------ (IN CRIME NO.848 OF 201.OF VATAKARA POLICE STATION, KOZHIKODE RURAL POLICE DISTRICT) PETITIONER(S)/ACCUSED: ---------------------- NIKHIL, S/O.LATE RAJAN, AGED 2 YEARS EDAKKANDI - HOUSE,PONMERI PARAMBIL POST,VATAKARA KOZHIKODE DISTRICT BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V COMPLAINANT(S): --------------- STATE OF KERALA (IN CRIME NO.848/2012 OF VATAKARA POLICE STATION)REPRESENTED BY PUBLIC PROSECUTORHIGH COURT FO KERALA, ERNAKULAM - 31. R BY PUBLIC PROSECUTOR SRI. P.M. SANEER. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BABU MATHEW P.JOSEPH, J ------------------------------------ B.A. NO. 9585 of 2012 ------------------------------------- Dated this the 28th day of December, 2012 ORDER
This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. C.D. produced.
3. The petitioner is the accused in Crime No.848 of 2012 of Vatakara Police Station. The offences alleged are under Sections 341, 323, 324 and 308 of IPC. The learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. He is aged only 20. He further submits that the petitioner apprehends arrest by the police at any time.
4. The learned Public Prosecutor has opposed this application. The Case Diary shows that the investigation of the case has progressed much. The learned Public Prosecutor has B.A. No. 9585 of 2012 -:2:- not disputed the fact that the petitioner has no criminal antecedents and he is aged only 20. There is no dispute regarding the fact that the de facto complainant has not suffered any serious injuries. On considering the stage of investigation, age of the petitioner and the fact that the de facto complainant has not suffered any serious injuries in the occurrence, the petitioner can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:
1) The petitioner shall surrender before the Investigating Officer on or before 8.1.2013. In the event of his arrest, he shall be released on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer. B.A. No. 9585 of 2012 -:3:-
3) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
4) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
5) The petitioner shall not commit any similar offence while on bail.
6) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court. This application is allowed as above. (BABU MATHEW P.JOSEPH, JUDGE) ul/-