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Abdul Rahiman vs State Of Kerala on 19 August, 2009

Kerala High Court
Abdul Rahiman vs State Of Kerala on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7977 of 2008()


1. ABDUL RAHIMAN, S/O. ASSANAR,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/08/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                      B.A. NO. 7977 OF 2008
             ------------------------------------------------------
                 Dated this the 19th August, 2009

                                O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioner is the first accused

in Crime No.422 of 2008 of Mankara Police Station.

2. The offences alleged against the petitioner and other

accused are under Sections 323, 324, 326 and 452 read with

Section 34 of the Indian Penal Code.

3. The de facto complainant is the brother-in-law of the

petitioner. When the Bail Application came up for consideration, the

matter was referred to the Adalath. It was felt that presence of

Khadeeja, sister of the petitioner, was also necessary before the

Adalath. The parties appeared, but a settlement could not be arrived

at. It is submitted that Khadeeja is now living separately from her

husband, namely, the de facto complainant.

4. Taking into account the peculiar facts and circumstances of

B.A. NO. 7977 OF 2008

:: 2 ::

the case, the nature of the offence and other circumstances, I am

of the view that anticipatory bail can be granted to the petitioner.

There will be a direction that in the event of the arrest of the

petitioner, the officer in charge of the police station shall release him

on bail on his executing bond for Rs.15,000/- with two solvent

sureties for the like amount to the satisfaction of the officer

concerned, subject to the following conditions:

a) The petitioner shall appear before the investigating
officer for interrogation as and when required;

b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioner 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

ahz/

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