Kunjabdulla vs State Represented By S.I. Of … on 20 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5896 of 2009()


1. KUNJABDULLA, S/O.IBRAHIM HAJI,
                      ...  Petitioner
2. AYISHA, W/O.KUNJABDULLA,
3. NAJMA, W/O.NAZAR, AGED 26 YEARS,

                        Vs



1. STATE REPRESENTED BY S.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.ZUBAIR PULIKKOOL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/10/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                      B.A. NO. 5896 OF 2009
             ------------------------------------------------------
             Dated this the 20th day of October, 2009


                                O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. Petitioners are accused No.1 to 3

in Crime No.695 of 2009 of Vatakara Police Station.

2. The offence alleged against the petitioners is under Section

313 read with Section 34 of the Indian Penal Code.

3. The de facto complainant is the daughter of accused Nos.1

and 2 and the sister of accused No.3.

4. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

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 petitioners. There

will be a direction that in the event of the arrest of the petitioners, the

B.A. NO. 5896 OF 2009

:: 2 ::

officer in charge of the police station shall release them on bail on

their executing bond for Rs.10,000/- each with two solvent sureties

for the like amount to the satisfaction of the officer concerned,

subject to the following conditions:

a) The petitioners shall appear before the investigating
officer for interrogation as and when required;

b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioners 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

ahz/