IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6295 of 2009()
1. LATHEEF AHAMMED HAJI, AGED 38 YEARS,
... Petitioner
2. SAKEENA KALLATTRA, AGED 60 YEARS,
3. ZUBAIDA, AGED 28 YEARS,
4. RASEENA MAHIN, AGED 33 YEARS,
5. MUMTHAZ NASAR, AGED 32 YEARS
Vs
1. STATE OF KERALA REP.BY INSPECTOR OF
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6295 of 2009
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Dated this the 3rd day of November, 2009
ORDER
Apprehending arrest on an accusation of having committed
non bailable offence in Crime No.714 of 2009 of Kasaragod Police
Station, the petitioners have filed this application for anticipatory
bail under Section 438 of the Code of Criminal Procedure.
2. It is stated by the learned counsel for the petitioners
that the defacto complainant filed a complaint before the Judicial
Magistrate of the First Class-Kasaragod which was forwarded to
the police for investigation under Section 156(3) of the Code of
Criminal Procedure. Accordingly, the crime was registered for the
offences under Sections 323, 341, 427, 498A and 506(ii) read with
Section 149 IPC.
3. The learned Public Prosecutor submitted that on
investigation, it was found that accused Nos.3 to 5 have not
committed any offence and their names were deleted from the
array of accused. It is also submitted by the learned Public
Prosecutor that the offences alleged against the petitioners are
under Sections 323, 324, 427 and 498A read with Section 34 of the
Indian Penal Code.
BA No.6295/2009 2
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 officer in charge of the police station shall release
them on bail on their executing bond for Rs.15,000/- 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
csl