High Court Kerala High Court

Beeran vs The State Of Kerala on 6 July, 2007

Kerala High Court
Beeran vs The State Of Kerala on 6 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4110 of 2007()


1. BEERAN,S/O.MOIDEEN,THOZHILALI STORE,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :06/07/2007

 O R D E R
                                    R. BASANT, J.

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                             B.A.No.  4110 of   2007

                          - - - - - - - - - - - - - - - - - - - - - -

                      Dated this the 6th day of   July, 2007


                                       O R D E R

Application for anticipatory bail. The petitioner faces

allegations in a crime registered, inter alia, under Section 353 I.P.C.

That is the only non-bailable offence alleged against him. He is

alleged to have obstructed the sale of sand seized by the Revenue

officials. The alleged incident took place on 26.3.2007.

Investigation is in progress. The petitioner apprehends imminent

arrest. In view of the amendment of the Code, Section 353 is a non-

bailable offence and that explains why the petitioner has come to this

court with this application under Section 438 cr.P.C.

2. The learned counsel for the petitioner prays, the learned

Prosecutor does not seriously oppose the said prayer and I am

satisfied in the circumstances of this case that appropriate direction

under Section 438 Cr.P.C. can be issued in favour of the

petitioner.

3. In the result:

(1) This application is allowed.

(2) The following directions are issued under Section 438

Cr.P.C.

B.A.No. 4110 of 2007

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(a) The petitioner shall surrender before the learned Magistrate on

13.7.2007 at 11 a.m. The learned Magistrate shall release him on regular

bail on condition that he executes a bond for Rs.25,000/- (Rupees

twenty five thousand only) with two solvent sureties each for the like sum

to the satisfaction of the learned Magistrate.

(b) The petitioner shall make himself available for interrogation

before the Investigating Officer between 10 a.m. and 1 p.m. on 14.7.07 and

15.7.2007 and thereafter as and when directed by the Investigating Officer

in writing to do so.

(c) If the petitioner does not appear before the learned Magistrate as

directed in clause (1) above, these directions shall lapse on 13.7.06 and the

police shall be at liberty thereafter to arrest the petitioner and deal with him

in accordance with law.

(b) If the petitioner were arrested prior to his surrender on 13.7.2006

as directed in clause (1) above, he shall be released on bail on his executing

a bond for Rs.25,000/- without any surety undertaking to appear before the

learned Magistrate on 13.7.2007.






                                                          (R. BASANT)

tm                                                             Judge


B.A.No.  4110 of   2007

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