IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6422 of 2009()
1. A.K.SHAHUL HAMEED,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.T.V.NEEMA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6422 of 2009
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Dated this the 25th 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 petitioner is the accused
in Crime No.480/2009 of Feroke Police Station, Kozhikode.
2. The offences alleged against the petitioner are under
Sections 323, 354 and 452 of the Indian Penal Code .
3. When the Bail Application came up for hearing on
06/11/2009, the following order was passed;
“After having heard the learned counsel for the
petitioner and the learned Public Prosecutor, I am of
the view that before disposing of the Bail
Application, an opportunity should be given to the
petitioner to appear before the investigating officer.
Accordingly, there will be a direction to the
petitioner to appear before the investigating officer
at 9 A.M. on 12th and 13th November, 2009.
Post on 20/11/2009.
It is submitted by the learned Public Prosecutor
B.A. No. 6422/2009
2
that the petitioner will not be arrested until further
orders in connection with Crime No.480 of 2009 of
Feroke Police Station.”
4. It is submitted by the learned counsel for the
petitioner and the learned Public Prosecutor that the petitioner
has complied with the direction contained in the order dated
06/11/2009.
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 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 on his executing bond for Rs.10,000/- with two
solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence;
B.A. No. 6422/2009
3
C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail;
D) 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
scm