Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Bail Appl..No. 2027 of 2014 () ------------------------------- CRIME NO. 367/2014 OF VADAKKENCHERRY POLICE STATION ,PALAKKAD DISTRICT ------------------------------------------ PETITIONER/ACCUSED/SUSPECTED ACCUSED: --------------------------------------------------------------------- 1. MANIKANDAN, AGED39YEARS,S/O. KUNCHAN, PRADHANI HOUSE, VADAKKENCHERY P.O., PALAKKAD.
2. C.A.AJITHAN, AGED47YEARS, S/O. AYYAPPAN, CHAVARATTIL HOUSE, PONNUR P.O., THRISSUR. BY ADVS.SRI.K.S.MADHUSOODANAN SRI.M.M.VINOD KUMAR RESPONDENTS/COMPLAINANT/FORMAL PARTY: -------------------------------------------------------------------------- 1. STATE OF KERALA, TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, VADAKKENCHERY POLICE STATION, VADAKKENCHERY, PALAKKAD. R1 & R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2027 of 2014 (C) ------------------------------------------ Dated this the 1st day of April, 2014 ORDER
Petitioners are accused in Crime No.367/2014 of Vadakkencherry Police Station, Palakkad District. The offence alleged is under section 384 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 14.02.2014 at about 12.30 noon, the accused approached one Thomas, Director of St. Theressa School, and giving him a book, petitioners demanded Rs.500/-. He gave Rs.500/-. Crime was registered by the A.S.I of Police suo moto stating that Thomas might have paid the amount out of fear.
3. The learned counsel for the petitioners submits that Thomas, Director of St. Theressa School, did not file any complaint. I am not entering into the merits of the B.A. No. 2027/2014 (C) -2- case.
4. Considering all the aspects the following directions are issued: Petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds B.A. No. 2027/2014 (C) -3- of the sureties. b. The petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the B.A. No. 2027/2014 (C) -4- court or to any police officer or tamper with the evidence. e. The petitioners shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj