IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2804 of 2008()
1. KAMALUDHEEN @ HASSAINAR KAMALUDHEEN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.M.FIROZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P. Balachandran, J.
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B.A.No.2804 of 2008
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ORDER
This is an application for anticipatory bail
filed under Section 438 of the Cr.P.C.
2. Petitioner is the fifth accused in Crime
No.168/06 of Ernakaulam Town North Police Station,
registered for offences under Sections 489B and
489C IPC read with Section 34 thereof. The
applications for anticipatory bail filed by the
petitioner in 2007 were being dismissed vide
Annexures-B and C orders by the Sessions Judge,
Ernakulam. Despite lapse of almost one year
thereafter, the police could not effect his arrest
and considerable progress in the investigation can
be achieved only on procuring the presence of the
petitioner, I am of the view that anticipatory bail
has to be granted to the petitioner in the
circumstances.
In the result, allowing this application, I
direct that the petitioner shall surrender before
BA 2804/08 2
the Magistrate concerned positively on or before
13.5.2008 and shall deposit by way of cash security
an amount of Rs.5,000/- and shall thereafter
execute bail bond for Rs.25,000/- with two solvent
sureties each for like sums to the satisfaction of
the Magistrate.
On the above conditions being satisfied, the
petitioner can be enlarged on bail.
On such release, the petitioner shall appear
before the Investigating Officer between 10 a.m.
and 12 noon on all days for a period of two weeks
and thereafter on every alternate days for a period
of one month and thereafter on all Tuesdays and
Fridays only till the investigation in the case is
over and final report is laid.
The above directions shall not stand in the way
of the Investigating Agency seeking for custodial
interrogation of the petitioner, if need be and the
Magistrate granting it, if deemed fit, necessary
and legal.
BA 2804/08 3
On release the petitioner shall co-operate with
the investigation in the case, shall not get
himself involved in commission of any offence,
shall not influence or intimidate the witnesses in
the case and shall not, except for the purpose of
appearing before the Investigating Officer, move
beyond the territorial limits of the town, in which
he is having his permanent residence, the details
of which shall be furnished to the court and to the
Investigating Officer immediately on release on
bail.
6th May, 2008 (K.P.Balachandran, Judge)
tkv