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1986 Supreme(Ker) 444

THOMAS
Latheef – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioners obtained an order for anticipatory bail from the Sessions Court, Trivandrum. Learned Sessions Judge granted the order on certain conditions. One of the conditions is that the petitioners shall report before the Sub Inspector of Police, Kazhakootam at 10 A. M. on 16-12-1986 (unless arrested and released earlier). Another condition is that the petitioners shall furnish their addresses (at which they can be located) to the police not later than 16-12-1986 Subsequently, the learned Sessions Judge, on a motion in that behalf, has extended the time limit to 20-12-1986.

2. Learned counsel for the petitioners raised mainly two contentions. The first is that the Sessions Judge has obviously no power to impose any condition during the pre-bail stage. In other words, the contention is that the conditions imposable are only those which come into effect after the release of the petitioners on bail. The second contention is that due to practical reasons, the period may be further extended for one more week.

3. Regarding the first contention, I may observe that S.438 of the Code of Criminal Procedure does not contain any restriction that no condition shall be imposed





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