IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4242 of 2007()
1. M.HYDER ALI,
... Petitioner
2. JAMAL.M.,
3. ASHRIF,S/O.MAIMUTH, AGED 18 YEARS
4. SHERIFF,S/O.SALAM,AGED 19 YEARS,
5. FAHID,S/O.MOIDEEN SHA, AGED 18 YEARS
Vs
1. STATE OF KERALA,
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.P.M.HABEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/07/2007
O R D E R
R.BASANT, J
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B.A.No.4242 of 2007
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Dated this the 13th day of July, 2007
ORDER
Application for anticipatory bail. The petitioners are accused 1
to 5. The petitioners and defacto complainant are neighbours.
Consequent to a dispute between the wife of the 1st accused and the
defacto complainant, the petitioners had allegedly gone to the house
of the defacto complainant and indulged in contumacious and culpable
overt acts. Though allegations under Secs.325, 379 etc. were also
raised, now the prosecution persists in the allegations under Section
452, 323 and 447 read with 149 IPC only.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not seriously oppose the said prayer and I am
satisfied that in the peculiar facts of the case explained above
anticipatory bail can be granted to the petitioner subject to appropriate
conditions.
3. In the result, this application is allowed. The following
directions were issued under Section 438 Cr.P.C.:-
i) The petitioners shall appear before the Learned Magistrate
having jurisdiction at 11 a.m on 20.07.2007. They shall be enlarged
on regular bail on their executing bonds for Rs.25,000/-(Rupees
B.A.No. 4242 of 2007 2
Twenty Five 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 21.07.2007 and thereafter they shall make themselves
available for interrogation before the investigating officer between 10
a.m and 12 noon on all Mondays and Fridays for a period of 2 months
and subsequently as and when directed by the Investigating Officer in
writing to do so.
iii) If the petitioners do not surrender before the learned
Magistrate as directed in clause (i), all directions issued above shall
thereafter stand revoked and the police shall be at liberty to arrest the
petitioner and deal with them in accordance with law.
iv) if the petitioners were arrested prior to their surrender on
25.07.07, the learned Magistrate as directed in clause (i) above, they
shall be released forthwith on their executing a bond of Rs.25,000/-
(Rupees Twenty five thousand only) without any sureties undertaking
to appear before the learned Magistrate on 25.07.07 as directed in
clause(i) above.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE
B.A.No. 4242 of 2007 3