IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1309 of 2008()
1. ABU HAJI, AGED 50, S/O.AVARAN HAJI
... Petitioner
2. KADEEJA, AGED 45, W/O.ABU HAJI
3. MOHAMMED RAFI, AGED 18, S/O.ABU HAJI
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.T.A.SHAJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1309 of 2008
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Dated this the 3rd day of March, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 to 3. Altogether there are only three accused persons.
They are husband, wife and son. The alleged incident took place
on 22.2.2008. The petitioners, on account of prior animosity,
allegedly attacked the victim with iron rods and stones. Injuries
have been suffered by the victim. Investigation is in progress.
The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. The nature of the allegations
must eloquently reveal that the inclusion of the offence under
Section 308 I.P.C. is totally unjustified and has been included by
the police only to vex and harass the petitioners. That is the only
non-bailable offence alleged against the petitioners. In these
circumstances it is prayed that the petitioners may be granted
anticipatory bail.
B.A.No. 1309 of 2008
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2. Notice was given. The learned Prosecutor has read over to
me the nature of the injuries suffered by the victim. Only simple
insignificant injuries have been suffered. The learned Prosecutor, in
these circumstances, does not oppose the application.
3. I am satisfied, in the facts and circumstances of this case, that
directions under Section 438 Cr.P.C. can be issued in favour of the
petitioners. In the absence of opposition, it is not necessary for me to
advert to facts in any greater detail.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate
on 10.3.2008 at 11 a.m. The learned Magistrate shall release the
petitioners on regular bail on condition that they execute bonds
for Rs.25,000/- (Rupees twenty five thousand only) each with two
solvent sureties each for the like sum to the satisfaction of the learned
Magistrate.
B.A.No. 1309 of 2008
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(b) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m. and 5
p.m. on 11.3.08 and thereafter between 10 and 12 noon on all
Mondays for a period of one month and subsequently as and when
directed by the Investigating Officer in writing to do so.
(c) If the petitioners do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on
10.3.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(d) If the petitioners were arrested prior to their surrender on
10.3.2008 as directed in clause (1) above, they shall be released on
bail on their executing bonds for Rs.25,000/- each without any surety
undertaking to appear before the learned Magistrate on 10.3.2008.
(R. BASANT)
Judge
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