IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1893 of 2008()
1. AKKU @ AKBAR,AGED 25,S/O.BASHEER,
... Petitioner
2. ANOOSH,AGED 20,S/O.POULOSE,MULLOTHU
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/04/2008
O R D E R
R.BASANT, J
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B.A.No.1893 of 2008
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Dated this the 1st day of April, 2008
ORDER
Application for regular bail. Petitioners are accused 1 and 3.
The crux of the allegations is that the accused persons,
altogether 4 in number, had trespassed into the establishment
run by the defacto complainant on 03.03.08. They had allegedly
taken out from the pocket of the defacto complainant an amount
of Rs.6,500/- by use of force. The crime was registered long
later on 06.03.08. Till then, the defacto complainant did not
allegedly complain because of fear, it is contended. The
petitioners were arrested on 06.03.08. They continue in custody
from 06.03.08.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. The defacto complainant
owes amounts to the petitioners and to avoid such liability, false
and vexatious allegations are being raised against the petitioners
by the defacto complainant now, submits the learned counsel for
the petitioners. In any view of the matter, the petitioners, who
have remained in custody from 06.03.08, may now be enlarged
B.A.No.1893 of 2008 2
on regular bail subject to conditions, it is prayed. It is further
submitted that the petitioners shall abide by any reasonable
conditions that this Court chooses to impose in the interests of a
fair, efficient and expeditious investigation.
3. The learned Public Prosecutor opposes the
application. The learned Public Prosecutor submits that the 2nd
accused is a rowdy registered at the local police station. The
petitioners have no criminal antecedents, it is conceded. The
learned Public Prosecutor also does not dispute the fact that
there appears to be some monetary dispute between the
petitioner and the defacto complainant. Having considered all
the relevant inputs, I am satisfied that the petitioners can be
granted regular bail now subject to appropriate terms and
conditions.
4. In the result, this application is allowed. The
petitioners shall be released on bail on the following terms and
conditions.
i) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate;
ii) The petitioners shall make themselves available for
B.A.No.1893 of 2008 3
interrogation before the Investigating Officer between 10 a.m and
12 noon on all Mondays and Fridays for a period of three months
and thereafter as and when directed by the Investigating Officer
in writing to do so;
iii) Except for the purpose of complying with condition (ii)
above, the petitioners shall not enter the jurisdiction of
Thrikkakkara Police Station until further orders without the prior
permission of the learned Magistrate.
(R.BASANT, JUDGE)
rtr/-