High Court Kerala High Court

Abu Haji vs State Of Kerala on 3 March, 2008

Kerala High Court
Abu Haji vs State Of Kerala on 3 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1309 of 2008()


1. ABU HAJI, AGED 50, S/O.AVARAN HAJI
                      ...  Petitioner
2. KADEEJA, AGED 45, W/O.ABU HAJI
3. MOHAMMED RAFI, AGED 18, S/O.ABU HAJI

                        Vs



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

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :03/03/2008

 O R D E R
                                R. BASANT, J.

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                          B.A.No.  1309 of   2008

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                Dated this the 3rd day of  March, 2008


                                    O R D E R

Application for anticipatory bail. The petitioners are

accused 1 to 3. Altogether there are only three accused persons.

They are husband, wife and son. The alleged incident took place

on 22.2.2008. The petitioners, on account of prior animosity,

allegedly attacked the victim with iron rods and stones. Injuries

have been suffered by the victim. Investigation is in progress.

The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that the

petitioners are absolutely innocent. The nature of the allegations

must eloquently reveal that the inclusion of the offence under

Section 308 I.P.C. is totally unjustified and has been included by

the police only to vex and harass the petitioners. That is the only

non-bailable offence alleged against the petitioners. In these

circumstances it is prayed that the petitioners may be granted

anticipatory bail.

B.A.No. 1309 of 2008

2

2. Notice was given. The learned Prosecutor has read over to

me the nature of the injuries suffered by the victim. Only simple

insignificant injuries have been suffered. The learned Prosecutor, in

these circumstances, does not oppose the application.

3. I am satisfied, in the facts and circumstances of this case, that

directions under Section 438 Cr.P.C. can be issued in favour of the

petitioners. In the absence of opposition, it is not necessary for me to

advert to facts in any greater detail.

4. In the result:

(1) This application is allowed.

(2) The following directions are issued under Section 438

Cr.P.C.

(a) The petitioners shall surrender before the learned Magistrate

on 10.3.2008 at 11 a.m. The learned Magistrate shall release the

petitioners on regular bail on condition that they execute bonds

for Rs.25,000/- (Rupees twenty five thousand only) each with two

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

Magistrate.

B.A.No. 1309 of 2008

3

(b) The petitioners shall make themselves available for

interrogation before the Investigating Officer between 10 a.m. and 5

p.m. on 11.3.08 and thereafter between 10 and 12 noon on all

Mondays for a period of one month and subsequently as and when

directed by the Investigating Officer in writing to do so.

(c) If the petitioners do not appear before the learned Magistrate

as directed in clause (1) above, these directions shall lapse on

10.3.2008 and the police shall be at liberty thereafter to arrest the

petitioners and deal with them in accordance with law.

(d) If the petitioners were arrested prior to their surrender on

10.3.2008 as directed in clause (1) above, they shall be released on

bail on their executing bonds for Rs.25,000/- each without any surety

undertaking to appear before the learned Magistrate on 10.3.2008.

(R. BASANT)

Judge

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