IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1935 of 2009()
1. SAMEER, S/O. SHAHUDEEN KOYA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1935 OF 2009 B
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Dated this the 23rd May, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioner is accused No.3 in Crime
No.49 of 2009 of the Sakthikulangara Police Station.
2. The offence alleged against the petitioner is under Sections
341, 324 and 326 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that while the de facto complainant and
his friend were travelling on a motor bike, they were intercepted by
accused Nos.1 and 2 and due to the attack made by them, the de facto
complainant and his friend sustained serious injuries. In the First
Information Statement, it is stated that persons who saw the incident told
the de facto complainant that Sameer (Accused No.3/petitioner in this Bail
Application) is also involved. It is pointed out by the learned counsel for
the petitioner that the first accused was released on bail. It would appear
that the second accused was deleted from the array of parties.
4. Taking into account the facts and circumstances of the case,
the nature of the offence, the injury sustained and other circumstances, I
B.A. NO. 1935 OF 2009
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am of the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of the petitioner, the
officer in charge of the police station shall release him on bail for a period
of one month on his executing bond for Rs.25,000/- with two solvent
sureties for the like amount to the satisfaction of the officer concerned,
subject to the following conditions:
a) The petitioner shall report before the investigating officer between
9 A.M. and 11 A.M. on all Mondays, till the final report is filed or
until further orders;
b) The petitioner shall appear before the investigating officer for
interrogation as and when required;
c) The petitioner shall not try to influence the prosecution witnesses
or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;
e) On the expiry of the period mentioned above, the petitioner shall
surrender before the Magistrate concerned and seek regular bail;
B.A. NO. 1935 OF 2009
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f) 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
ahz/