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Abid vs State Of Kerala Through The on 18 September, 2007

Kerala High Court
Abid vs State Of Kerala Through The on 18 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5582 of 2007()


1. ABID, S/O. SHAMSUDHIN,KALATHIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :18/09/2007

 O R D E R
                             R.BASANT, J
                    = = = = = = = = = = = = =
                         B.A.No.5582 of 2007
                    = = = = = = = = = = = = = =

              Dated this the 18th day of September, 2007

                                 ORDER

Application for anticipatory bail. The petitioner is the 1st

accused. He faces allegations for offences punishable under Sections

366A and 376 of the IPC. The crime was initially registered under the

caption ‘girl missing’. Later a writ petition was filed before this Court.

The minor child was born on 31.03.91. She was found missing on

22.06.07. It is the case of the guardian of the child in the writ petition

that the child had left on her own will and was pregnant by two

months. She was in love with the petitioner. She was subsequently

taken away to her mother. Investigation is in progress. The

petitioner apprehends imminent arrest. He seeks anticipatory bail.

2. The learned Public Prosecutor does not oppose the said

prayer. The learned Public Prosecutor only submits that appropriate

conditions may be imposed. I am satisfied ,in the facts and

circumstances of the case, that anticipatory bail can be granted to the

petitioners.

3. In the result this petition is allowed. The following directions

are issued under Sec.438 Cr.P.C

i) Petitioner shall surrender before the learned Magistrate

B.A.No.5582 of 2007 2

having jurisdiction at 11 a.m on 25/9/2007.

ii) He shall be released on regular bail on condition that he

execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two

solvent sureties each for the like sum to the satisfaction of the learned

Magistrate.

iii) The petitioner shall make himself available for interrogation

before the investigating officer between 10 a.m and 3 p.m on

26.09.07, 27.09.07 and 28.09.2007 and thereafter on all Mondays and

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

Subsequently the petitioner shall so appear as and when directed by

the investigating officer in writing to do so.

(iv) If the petitioner does not appear before the learned

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

thereafter stand revoked and the police shall be at liberty to arrest the

petitioner and deal with him in accordance with law, as if these

directions were not issued at all.

(v) If he were arrested prior to 25.09.2007, he shall be

released on bail on his executing a bond for Rs.50,000/- (Rupees fifty

thousand only) without any sureties, undertaking to appear before the

learned Magistrate on 25/9/2007.

(R.BASANT, JUDGE)
sj
/TRUE COPY/

P.A.TO JUDGE

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