IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 153 of 2008()
1. NOUSHAD V.K., S/O. KOYATTY,
... Petitioner
2. DR. T.MOHAMMED, S/O. AHMED T.,
3. MUNEER K., S/O. ABDU RAHIMAN,
4. ABDULLA PERINGADU, S/O. MOIDEEN MASTER,
5. MANJULA, D/O. KARUNAN,
6. SHEREENA, D/O. KOMUKUTTY,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 153 of 2008
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Dated this the 14th day of January, 2008
O R D E R
Application for anticipatory bail. The petitioners face
allegations in a crime registered for offences punishable, inter
alia, under Section 379 I.P.C. That is the only non-bailable
offence alleged against the petitioners. There are other offences,
all bailable also, alleged against the petitioners.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. Allegation under Section 379
I.P.C. has been included with the sole intention of vexing and
harassing the petitioners. They may, in these circumstances, be
granted anticipatory bail, it is prayed.
3. The learned Prosecutor submits that the State has no
objection against the grant of anticipatory bail to the petitioners.
He only prays that appropriate conditions may be imposed.
Eventhough there is an allegation under Section 379 I.P.C.
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raised, so far nothing tangible has been collected in support of the said
allegation, submits the Prosecutor.
4. I am satisfied that this is a fit case where directions under
Section 438 Cr.P.C. can be issued in favour of the petitioners.
Subject to appropriate conditions, anticipatory bail can be granted to
the petitioners. In the absence of opposition, it is not necessary for me
to advert to facts in any greater detail in this order.
5. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate
on 21.1.2008 at 11 a.m. The learned Magistrate shall release the
petitioners on regular bail on condition that they execute bonds
for Rs.25,000/- (Rupees twenty five thousand only) each with two
solvent sureties each for the like sum to the satisfaction of the learned
Magistrate.
(b) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m. and 1
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p.m. on 22.1.08. During this period, the investigators shall be at liberty
to interrogate the petitioners in custody and take all necessary steps in
connection with the investigation. Thereafter they shall appear before
the Investigating Officer on all Mondays and Fridays between 10 a.m.
and 12 noon for a period of one month and subsequently as and when
directed by the Investigating Officer in writing to do so.
(d) If the petitioners do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on
21.1.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(b) If the petitioners were arrested prior to their surrender on
21.1.2008 as directed in clause (1) above, they shall be released on
bail on their executing bonds for Rs.25,000/- each without any surety
undertaking to appear before the learned Magistrate on 21.1.2008.
(R. BASANT)
tm Judge
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