IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1492 of 2008()
1. SHEIKH ANWAR, AGED 21 YEARS, S/O.ASHKAR
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.JYOTHISH.J.KALLINGAL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/03/2008
O R D E R
R. BASANT, J.
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B.A. Nos. 1492 and 1559 OF 2008 F
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Dated this the 11th day of March, 2008
O R D E R
These applications are for regular bail. Petitioners
are accused Nos.1, 4 and 5. They face allegations in a crime
registered alleging offences punishable, inter alia, under
section 394 IPC. I have already adverted to the facts in detail
in the order dated 21.2.08 in BA.799/08. The petitioners were
arrested on 6.12.07 and 10.12.07. The period of 90 days has
already elapsed from the date of first remand so far all the
three petitioners are concerned. It is not necessary to advert
to the facts in any greater detail in this order. This order must
be read in continuation of the said order.
2. The period of 90 days from the date of first arrest
having already expired and the final report having not been
filed so far, the learned Public Prosecutor does not oppose
the applications for regular bail but prays that appropriate
BA.1492&1559/08
: 2 :
and strict conditions may be imposed on the petitioners to
ensure their presence at the stage of trial and also in the
interests of a fair, proper and efficient investigation.
3. In the result, these petitions are allowed. The
petitioners shall be enlarged on bail on the following terms
and conditions:-
i) The petitioners shall execute bonds for
Rs.1,00,000/- (Rupees one lakh only) each with two solvent
sureties each for the like sum to the satisfaction of the learned
Magistrate.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 12 noon on all Mondays and Fridays for a period of three
months from the date of their release and thereafter as and
when directed by the investigating officer in writing to do so.
iii) The petitioners shall not leave the Sessions
division of Thrissur during the said period of three months.
4. The learned counsel for the petitioners prays and
BA.1492&1559/08
: 3 :
accordingly it is directed that condition Nos.(ii) and (iii) shall
not curtail the liberty of the 5th accused to proceed to his place
of residence in West Bengal between 13.3.08 and 28.3.08 as
he wants to attend the wedding of his brother which is
scheduled to take place on 16.3.08. Thereafter, he shall
continue to comply with the conditions imposed.
(R.BASANT, JUDGE)
aks