IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1879 of 2008()
1. ABOOBACKER SIDDIQUE @ KURUPPA SIDDIQUE,
... Petitioner
2. MOIDEEN SHEBIR, AGED 20,
3. ISMAIL @ APPU, AGED 22,
4. MUHAMMED ASHRAF.K.M., AGED 23,
5. UMMER FAROOQ, AGED 19,
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1879 of 2008
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Dated this the 26th day of March, 2008
O R D E R
Application for regular bail. The petitioners are accused 1
to 5. They face allegations in a crime registered alleging
offences punishable, inter alia, under Sections 402 and 332 I.P.C.
The alleged incident and the arrest took place on 1.2.2008. An
earlier application for regular bail filed by the petitioners was
dismissed by this Court as per order dt. 28.2.2008 in B.A.No.
1153 of 2008. The petitioners continue in custody from
1.2.2008. The learned counsel for the petitioners prays that the
petitioners may now be enlarged on bail.
2. The learned Prosecutor opposes the application, but
submits that it is unlikely that the final report can be filed prior to
1.4.2008, by which date the petitioners will be entitled for bail by
default. They may, in these circumstances, be granted regular
bail w.e.f. 1.4.2008, submits the learned Prosecutor.
B.A.No. 1879 of 2008
2
3. Having considered all the relevant inputs, I am satisfied that
the petitioners can be granted regular bail, subject of course to
appropriate terms and conditions. I have adverted to the facts in
detail in the order referred above. This order must be read in
continuation of that order. I am not hence adverting to facts in any
greater detail in this order.
4. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioners shall not be released from custody on the
strength of this order prior to 1.4.2008. The Investigators shall in the
meantime make every endeavour to complete the investigation.
(b) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees one lakh only) each with two solvent sureties each for the
like sum to be satisfaction of the learned Magistrate.
(c) They shall make themselves available for interrogation
before the Investigating Officer on all Mondays and Fridays between
B.A.No. 1879 of 2008
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10 a.m. and 12 noon for a period of three months and thereafter as and
when directed by the Investigating Officer in writing to do so.
) The petitioners shall furnish to the Investigating Officer the
address of their place of residence within seven days of the date of
their release and shall continue to keep the Investigating Officer
informed of such change of address, if any, from time to time, until the
case against them is finally disposed of.
(R. BASANT)
Judge
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