High Court Kerala High Court

Aliyar vs State Of Kerala on 24 April, 2009

Kerala High Court
Aliyar vs State Of Kerala on 24 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2106 of 2009()


1. ALIYAR, S/O. KOCHUNNI,
                      ...  Petitioner
2. SHANAVAS, S/O. ALIYAR,
3. SAITHU MUHAMMED, S/O. ASSAINAR,
4. RAFEEQ, S/O. SAITHU MUHAMMED,
5. SIRAJ, S/O. ALIYAR,

                        Vs



1. STATE OF KERALA, THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :24/04/2009

 O R D E R
                               P. BHAVADASAN, J.
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                             B.A. No. 2106 of 2009
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                    Dated this the 24th day of April, 2009.

                                         ORDER

This is a petition filed under Section 439 of Criminal

Procedure Code seeking bail.

2. Petitioners are accused in Crime No.415 of Thrikkakara

Police Station for the offences punishable under Sections 120(B), 143,

147, 148, 308, 326 read with Section 149 Indian Penal Code.

3. The facts are discernible from the order of the court

below, copy of which is produced along with this petition. Learned

Public Prosecutor vehemently opposes the petition. However, it is seen

that the petitioners are in custody from 15.3.2009 onwards. Learned

Public Prosecutor was unable to give any cogent reason as to why

custody of the petitioners should continue. Petition is therefore

allowed as follows:

1) Petitioners shall be released on bail on each of them

executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two

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

JFCM concerned.

2) Petitioners shall not tamper or attempt to tamper with

the evidence or influence or try to influence the witnesses.

P. BHAVADASAN,
JUDGE
sb.