IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2524 of 2010()
1. SHUHAIB.K.P, AGED 20 YEARS,
... Petitioner
2. SHAHID.M,
3. RASSAK, S/O. ABDUL RAHIMAN,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.M.HABEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/05/2010
O R D E R
K.HEMA, J.
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Bail Application No.2524 of 2010
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Dated 26th May, 2010.
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 308 and
149 of the Indian Penal Code. Petitioners are accused Nos.11 to
13 in the crime. According to prosecution, on 2.2.2010,
petitioners along with the other accused attacked the defacto
complainant and others on account of rivalry due to a quarrel,
which arose in connection with the conduct of a football
tournament. Accused Nos.1 and 2 attacked the defacto
complainant and 3 others with an iron rod and he sustained
injuries on his head.
3. Learned counsel for the petitioners submitted that
no specific overt act is alleged against petitioners. Specific overt
acts are alleged against accused Nos.1 and 2. Anticipatory bail
application was filed by accused Nos.1 to 10 and this Court has
granted anticipatory bail to accused Nos.3 to 10. The prayer for
anticipatory bail by the first and second accused alone was
rejected.
BA NO.2524/10 2
4. Learned Public Prosecutor conceded that no specific
overt act is alleged against petitioners and in the light of
Annexure I order, he has no objection in granting anticipatory bail
to petitioners.
5. On hearing both sides, I am satisfied that
anticipatory bail can be granted on conditions. Hence, the
following order is passed :
(1) Petitioners shall appear before the Investigating
Officer within seven days from today and co-
operate with the investigation.
(2) Petitioners shall, in the event of their arrest, be
released on bail, on their executing bond for
Rs.15,000/- (Rupees fifteen thousand only) each
with two solvent sureties each for the like sum to
the satisfaction of the arresting officer, on the
following conditions :
(i) They shall report before the
Investigating Officer on every Monday
between 10 a.m. and 1 p.m. until final
report is filed.
(ii) Petitioners shall not influence or
intimidate any witness or tamper with
evidence.
(iii) In case petitioners are involved in any
BA NO.2524/10 3
offence of similar nature, their bail is
liable to be cancelled.
K.HEMA, JUDGE.
tgs