Reji C.J. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Bail Appl..No. 7529 of 2014 ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRL.M.A. NO. 3012 OF 2014 of SESSIONS COURT, PALAKKAD CRIME NO. 515/2014 OF KOTTAYI POLICE STATION , PALAKKAD PETITIONER/ACCUSED:

REJI C.J. AGED 43 YEARS S/O.C.V.JACOB, CHAKKUPURAKKAL HOUSE, PANDALLUR HILLS VIA PANDIKKAD, MALAPPURAM DISTRICT-676 521.

BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

R BY PUBLIC PROSECUTOR SRI GITHESH.R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

= = = == = = = = = = = = = = = = = = B.A. No. 7529 of 2014 = = = = = = = = = = = = = = = = = = = Dated this the 29th day of May, 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 respondent. C.D. Produced.

3. The petitioner is the accused in Crime No. 515 of 2014 of Kottayi Police Station. The offence alleged is under Section 420 of the Indian Penal Code. 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. Custodial interrogation of the petitioner is not required in this case. He further submits that the petitioner apprehends arrest by the police at any time.

4. The learned Public Prosecutor has opposed this petition. The Case Diary shows that the investigation of the case has progressed much. The learned Public Prosecutor 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 no criminal antecedents have been reported against the petitioner, this Court is of the view that 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 6.6.2015. In the event of his arrest, he shall be released on bail on his executing a bond for Rs. 25,000/-

(Rupees twenty five thousand) 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 previous permission of the concerned Magistrate's Court.

This application is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge