Shiju.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 4713 of 2015 (D) ----------------------------------- CRIME NO. 842/2015 OF VENJARAMOODU POLICE STATION , THIRUVANANDAPURAM -------- PETITIONER/ACCUSED:

-------------------------- SHIJU.P, AGED 32 YEARS S/O.PRABHAKARAN, KARIMBUVILA, PERUMALA VELLUMANNADY PO, VENJARAMOODU PO, THIRUVANANTHAPURAM. BY ADVS. SRI.M.ZIYAD SRI.T.A.PRAKASH RESPONDENTS/RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (CRIME NO.842/15 OF VENJARAMOODU POLICE STATION THIRUVANANTHAPURAM DISTRICT)

2. SUB INSPECTOR OF POLICE VENJARAMOODU POLICE STATION THIRUVANANTHAPURAM DISTRICT-695 001.

3. DEPUTY SUPERINTENDENT OF POLICE ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 001. BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ ------------------------------------------------ Dated this the 7th day of October, 2015

ORDER

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

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents. C.D. produced.

3. The petitioner is the third accused in Crime No.842 of 2015 of Venjaramoodu Police Station. The offences alleged are under Sections 447, 324, 326 and 354 read with Section 34 of IPC. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. The investigation of the case is almost over. The accused 1 and 2 in this case were already arrested and released on bail. The custodial interrogation of the petitioner is not required in this case. He

-2further submits that the petitioner apprehends arrest by the police at any time.

4. Learned Public Prosecutor has opposed this petition. She admits the fact that the investigation of the case has progressed much. She further submits that no criminal antecedents have been reported against the petitioner. On considering the facts and circumstances, stage of the investigation and the fact that the accused 1 and 2 in this case were already released on bail, this Court is of the view that the petitioner can be granted anticipatory bail imposing appropriate conditions.

5. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:

1)The petitioner shall surrender before the Investigating Officer on or before 14-10-2015. In the event of his arrest, he shall be released on bail on his executing a bond for 25,000/- (Rupees twentyfive ₹

-3thousand 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.

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

-4previous permission of the concerned Magistrate's Court.

This petition is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE