High Court Kerala High Court

Sainudeen Methaleri vs State Of Kerala on 26 March, 2007

Kerala High Court
Sainudeen Methaleri vs State Of Kerala on 26 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1798 of 2007()


1. SAINUDEEN METHALERI, S/O. IBRAHIMKUTTY,
                      ...  Petitioner
2. ABDUL SALEEM MULAYATH, S/O. MOIDEEN,
3. JAMAL MELERPADAM, S/O. ABDUL RAHIMAN,

                        Vs



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

                For Petitioner  :SRI.K.P.MUJEEB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/03/2007

 O R D E R
                                    V. RAMKUMAR, J.


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                                 B.A. No. 1798 OF 2007

                       ````````````````````````````````````````````````````

                      Dated this the 26th day of March, 2007


                                           O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitioners,

who are accused Nos.1 to 3 in Crime No.232/06 of Vazhakkad Police

Station for an offence punishable under Sec.308 read with section 34

IPC, seek their enlargement on bail. The occurrence took place at

about 10 a.m. on 8.10.2006. The petitioners were arrested on

12.3.2007.

2. Learned Public Prosecutor opposed the application

submitting, inter alia, that the first accused is involved in another crime

for an offence punishable under section 304 IPC.

3. Having regard to the antecedents of the first accused/first

petitioner, I am not inclined to grant bail to the first accused. In the

case of accused Nos.2 and 3, since they were not armed with any

deadly weapon, I am inclined to grant bail to them but only with effect

from a future date. Accordingly, the 2nd and 3rd petitioners are directed

to be released on bail with effect from 30.3.2007 on each of them

executing a bond for Rs.10,000/- (Rupees ten thousand only) with two

solvent sureties each for the like amount to the satisfaction of the

J.F.C.M., Malappuram and subject to the following conditions:

BA.1798/07

: 2 :

a. The 2nd and 3rd petitioners shall report

before the Investigating Officer between 9

a.m. and 11 a.m. on all Wednesdays.

b. The 2nd and 3rd petitioners shall make

themselves available for interrogation as

and when required by the police till the filing

of the final report.

c. The 2nd and 3rd petitioners shall not

influence or intimidate the prosecution

witnesses nor shall they attempt to tamper

with the evidence for the prosecution.

d. The 2nd and 3rd petitioners shall not

commit any offence while on bail.

If the 2nd and 3rd petitioners commit breach of any of the above

conditions, the bail granted to them shall be liable to be cancelled.

In the result, this application is allowed in part granting bail to the

2nd and 3rd petitioners but rejecting the request of the first accused for

bail.

(V. RAMKUMAR, JUDGE)

aks