IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5834 of 2009()
1. MUJITHABA, S/O.UMMER HAJEE,
... Petitioner
2. ASHRAF, S/O.ABDUL KHADER,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5834 of 2009
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Dated this the 4th day of November, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are the
accused in Crime No. 310/2009 of Koduvally Police Station.
2. The offences alleged against the petitioners are under
Sections 324 and 308 read with Section 34 of the Indian Penal
Code.
3. When the Bail Application came up for hearing on
13.10.2009, the following order was passed:
“After having heard the learned counsel
for the petitioners and the learned Public
Prosecutor, I am of the view that before
disposing of the Bail Application, an
opportunity should be given to the petitioners
to appear before the investigating officer.
Accordingly, there will be a direction to the
petitioners to appear before the investigating
officer at 9 A.M. on 19th and 20th October,
2009.
Post on 23.10.2009.
It is submitted by the learned Public
B.A. No. 5834 of 2009 2
Prosecutor that the petitioners will not be
arrested until further orders in connection
with Crime No. 310/2009 of Koduvally
Police Station, Kozhikode.
Hand over copy of this order to both
sides.”
4. It is submitted by the learned counsel for the
petitioners and the learned Public Prosecutor that the
petitioners have` complied with the directions in the order
dated 13.10.2009.
5. Taking into account the facts and circumstances of
the case, the nature of the offence and other circumstances,
I am of the view that anticipatory bail can be granted to the
petitioners. There will be a direction that in the event of the
arrest of the petitioners, the officer in charge of the police
station shall release them on bail on their executing bond for
Rs.15,000/- each with two solvent sureties for the like
amount to the satisfaction of the officer concerned, subject to
the following conditions:
B.A. No. 5834 of 2009 3
A) The petitioners shall report before the
investigating officer between 9 A.M and 11
A.M. on all alternate Mondays, till the final
report is filed or until further orders;B) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
C) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioners shall not commit any offence
or indulge in any prejudicial activity while on
bail.
E) In case of breach of any of the conditions
mentioned above, the bail shall be liable to
be cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
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