High Court Kerala High Court

Shoukath Ali @ Shoukath vs The State Of Kerala on 17 August, 2010

Kerala High Court
Shoukath Ali @ Shoukath vs The State Of Kerala on 17 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3407 of 2010()


1. SHOUKATH ALI @ SHOUKATH, S/O. ABOOBACKER
                      ...  Petitioner
2. FAISAL, S/O. BEERAVU,
3. HABEEB, S/O. CHERIYAKUTTY,
4. JAFAR, S/O. SAIDU MUHAMMED,

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/08/2010

 O R D E R
                          V. RAMKUMAR, J.
                     = = = = = = = = = = = = =
                      Crl.M.C..No.3407 of 2010
                    = = = = = = = = = = = = = =
                          Dated: 17.08.2010

                               ORDER

Heard both sides.

2. Petitioners, who are the accused in Crime No.220/2010 of

Tirur Police Station for offences punishable under Sections

120B,143,148,323,427,452,324,326 and 307 read with 149 IPC

were granted bail on 30.4.2010, as per the order passed in

Crl.M.C.No.388/2010. One of the bail conditions was that the

petitioners should report before the Investigating Officer between

8 am and 9 am on all days for a period of two months. The bail has

subsequently been cancelled as per Ext.A2 order dated 28.06.2010

for the reason that the petitioners failed to comply with the above

said conditions after one month.

3. Having regard to the gravity of the offences and the facts

and circumstances of the case, the condition to report before the

Investigating Officer on all days between 8 am and 9 am for a

period of two months was unnecessary. According to the

petitioners since the Station House Officer informed them that the

final report was being filed, the petitioners were under the

impression that there is no need to report before the Police

Crl. M.C. No.3407 of 2010
2

thereafter. There is no case that the petitioners got involved in

any other crime. Under these circumstances, Annexure A2 order

dated 28.06.2010 is set aside and the petitioners shall be

released on bail on fresh sureties on each of them executing a

bond for Rs.15,000/- (Rupees fifteen thousand only) with two

solvent sureties (fresh sureties) each for the like amount to the

satisfaction of the J.F.C.M, Tirur and subject to the following

conditions:

1.The petitioners shall report before the Investigating

Officer between 9 a.m. and 10 a.m. on all Mondays.

2. The petitioners shall make themselves available
for interrogation including custodial interrogation
as and when required by the Investigating Officer.

3. Petitioners shall not influence or intimidate
the prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.

4. Petitioners shall not commit any offence while
on bail.

Dated this the 17th day of August, 2010.

V. RAMKUMAR, JUDGE

sj