High Court Kerala High Court

Ahamed Mahsheed vs State Of Kerala on 12 November, 2010

Kerala High Court
Ahamed Mahsheed vs State Of Kerala on 12 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7163 of 2010()


1. AHAMED MAHSHEED,
                      ...  Petitioner
2. SHIYAB M.R.,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/11/2010

 O R D E R
                        V.RAMKUMAR, J.
             ----------------------------------------------
             Bail Application No.7163 of 2010
            ------------------------------------------------
        Dated this the 12th day of November, 2010

                               ORDER

The petitioners, who are the accused in Crime No.1126

of 2010 of Kasaragod Police Station for an offence punishable

under Section 353 I.P.C., seek anticipatory bail.

2. The learned Public Prosecutor opposed the

application.

3. Anticipatory bail cannot be granted in a case of

this nature. But at the same time, I am inclined to permit the

petitioners to surrender before the Investigating Officer for

the purpose of interrogation and then to have their application

for bail considered by the Magistrate having jurisdiction.

Accordingly, the petitioners shall surrender before the

investigating officer on 23/11/2010 or on 24/11/2010 for

the purpose of interrogation and recovery of incriminating

material, if any. After interrogation, petitioners shall be

produced before the Magistrate concerned who on being

convinced that the petitioners have been interrogated by the

police, shall release the petitioners on bail on each of them

executing a bond for `15,000/- (Rupees fifteen thousand only)

Bail Appln.No.7163/2010
: 2 :

with two solvent sureties each for the like amount to the

satisfaction of the Magistrate and subject to the following

conditions:-

1. The petitioners shall report before the

Investigating Officer between 9 a.m. and

11 a.m. on all Wednesdays.

2. The petitioners shall make themselves available

for interrogation including custodial

interrogation as and when required by the

Investigating Officer.

3. The petitioners shall not influence or

intimidate the prosecution witnesses nor shall

they attempt to tamper with the evidence for

the prosecution.

4. The petitioners shall not commit any offence

while on bail.

5. If the petitioners commit breach of any of the

above conditions, the bail granted to them

shall be liable to be cancelled.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE
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