High Court Kerala High Court

Muneer.E vs State Of Kerala on 28 July, 2009

Kerala High Court
Muneer.E vs State Of Kerala on 28 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3739 of 2009()


1. MUNEER.E
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.P.S.ABDUL KAREEM

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :28/07/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                      B.A. NO. 3739 OF 2009
             ------------------------------------------------------
                   Dated this the 28th July, 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 first accused

in Crime No.368 of 2009 of Karunagappally Police Station.

2. The offences alleged against the petitioner and others are

under Sections 143, 147, 148, 323, 324, 308, 427 and 447 read with

Section 149 of the Indian Penal Code.

3. The petitioner moved B.A.No.2376 of 2009 for anticipatory

bail, which was disposed of by the order dated 11.6.2009. The order

reads as follows:

“The first accused in Crime No.368 of 2009 of

Karunagappally Police Station has filed this application

for anticipatory bail. The learned counsel for the

petitioner submitted that the investigation is going on

and that there is every likelihood of Section 308 of IPC

being deleted from the offence alleged. It is submitted

that this Bail Application may be closed with liberty to

move a fresh Bail Application as and when it becomes

necessary.

B.A. NO. 3739 OF 2009

:: 2 ::

The prayer is reasonable. The Bail Application is

closed with liberty to move a fresh Bail Application, if it

becomes necessary.”

4. It is alleged that Section 308 was not subsequently deleted.

Apprehending arrest, accused Nos.10 and 11 filed B.A.No.2471 of

2009 for anticipatory bail. That Bail Application was allowed as per

the order dated 15.6.2009.

5. The prosecution case is that on 18.4.2009, when a

religious discourse at the office of ISM (Ithihadul Sublanil

Mujahiddin) was going on, the accused persons who belonged to

Sunni Group pelted stones on the gathering and thus committed the

offence.

6. I have perused the case diary. The wound certificate would

disclose only minor injuries.

7. Taking into account the facts and circumstances of the

case, the nature of the offence, the injury sustained and other

circumstances, I am of the view that anticipatory bail can be granted

B.A. NO. 3739 OF 2009

:: 3 ::

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 or even
before that period, the petitioner shall surrender before
the Magistrate concerned and seek regular bail;

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/