High CourtsSingle Bench

Uthuppu P.K. @ Thankachan vs State of Kerala

High Court Of Kerala · Decided on 29 February 2012 · Citation: (2012) 02 KL CK 0046

HON’BLE JUDGES
Sasidharan Nambiar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3), 438 · Penal Code, 1860 (IPC) — Section 420, 457, 468, 471, 472
CASE NUMBER
Bail Application No. 765 of 2012
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Judgment

7 paragraphs · 250 words

Justice M. Sasidharan Nambiar

1.

Petitioner is the accused in Crime No. 1570/2011 of Central Police Station, Ernakulam, registered for the offences under Sections 457, 468, 420, 471, 472, 473, 475 and 476 of Indian Penal Code based on a private complaint filed before Chief Judicial Magistrate, Ernakulam and sent for investigation u/s 156(3) of Code of Criminal Procedure. Apprehending arrest, petition is filed u/s 438 of Code of Criminal Procedure for anticipatory bail. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard.

2.

Considering the nature of the offences alleged, I do not find that custodial interrogation of the petitioner is necessary. Petitioner is directed to report before the Investigating officer within ten days from today for interrogation. After completing interrogation, petitioner shall be released on bail on executing a bond for Rs. 20,000/- with two solvent sureties each for the like sum to the satisfaction of the investigating officer on the following conditions.

1) Petitioner shall report before the investigating officer between 10 and 12 a.m on every Saturday for one month and thereafter as and when required by the Investigating Officer.

2) Petitioner shall not induce, threaten or influence any person from disclosing facts known to him to the investigating officer or to the Court.

3) Petitioner shall not leave India without previous permission of the learned Magistrate.

It is made clear that if petitioner fails to report before the Investigating Officer within ten days, Investigating Officer is at liberty to arrest the petitioner.