High Court Kerala High Court

Mubarak Sulaiman vs State Of Kerala on 7 January, 2008

Kerala High Court
Mubarak Sulaiman vs State Of Kerala on 7 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7686 of 2007()


1. MUBARAK SULAIMAN, AGED 29 YEARS,
                      ...  Petitioner
2. ASHRAF @ MOHAMMED ASHRAF, AGED 24 YEARS,
3. MOHAMMED ASIF, AGED 18 YEARS,

                        Vs



1. STATE OF KERALA, REP. BY THE PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.ANAND

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :07/01/2008

 O R D E R
                             R. BASANT, J.

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                       B.A. No. 7686 OF 2007 A
               ````````````````````````````````````````````````````
              Dated this the 7th day of January, 2008

                                 O R D E R

Application for anticipatory bail. Petitioners are

accused Nos.1, 4 and 5. Altogether there are 13 accused

persons. Three of them are named in the FIR. The alleged

incident took place on 14.10.07. There are two injured

persons. It is alleged that the injured persons along with

others were proceeding to the house of their close relative.

They were allegedly attacked when they were so proceeding.

The victim has suffered grievous injuries. Investigation is in

progress. The petitioners apprehend imminent arrest.

2. According to the petitioners, they are absolutely

innocent. In fact, the incident did not take place in the

manner alleged by the prosecution. There is a counter case

also registered. The de facto complainant in this case had

allegedly trespassed into the house of one of the petitioners

and had indulged in acts of violence. A counter case has

BA.7686/07
: 2 :

been registered. The petitioners apprehend imminent arrest

in this crime.

3. The learned Public Prosecutor, after taking

instructions, does not oppose the application for anticipatory

bail filed by the petitioners. The learned Public Prosecutor

submits that in the counter case, the allegations raised by the

petitioners have been accepted by the police and the final

report has been filed. In the light of that circumstance, the

learned Public Prosecutor submits that the police have no

objection against grant of anticipatory bail to the petitioners

subject to appropriate terms and conditions.

4. I am satisfied in the facts and circumstances of this

case that the petitioners can be granted anticipatory bail. In

the absence of opposition by the learned Public Prosecutor, it

is not necessary for me to advert to the facts in any greater

detail in this order.

5. In the result, this petition is allowed. Following

directions are issued under Section 438 Cr.P.C in favour of

BA.7686/07
: 3 :

the petitioners.

i) Petitioners shall surrender before the learned

Magistrate having jurisdiction at 11 a.m on 14.1.08. They

shall be released on regular bail on condition that they

execute bonds for Rs.50,000/-(Rupees fifty thousand only)

each with two solvent sureties each for the like sum to the

satisfaction of the learned Magistrate.

ii) The petitioners shall make themselves available for

interrogation before the investigating officer between 10 a.m

and 3 p.m on 15.1.08 and 16.1.08. During this period, the

police shall be at liberty to interrogate the petitioners in

custody and take all necessary steps for the proper

investigation of the case. Thereafter, they shall appear

before the investigating officer on all Mondays and Fridays

between 10 a.m and 12 noon for a period of two months.

Subsequently the petitioners shall so appear as and when

directed by the investigating officer in writing to do so.

(iii) If the petitioners do not appear before the learned

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Magistrate as directed in clause (i), directions issued above

shall thereafter stand revoked and the police shall be at liberty

to arrest the petitioners and deal with them in accordance with

law, as if these directions were not issued at all.

(iv) If they were arrested prior to 14.1.08, they shall be

released from custody on their executing a bond for

Rs.50,000/- (Rupees fifty thousand only) without any sureties,

undertaking to appear before the learned Magistrate on

14.1.08.

(R.BASANT, JUDGE)
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