IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3827 of 2009()
1. ANITHA RAZAK, W/O.ABDUL RAZAK,
... Petitioner
Vs
1. STATE REPRESENTED BY THE PUBLIC
... Respondent
For Petitioner :SRI.ANIL K.MOHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3827 OF 2009
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Dated this the 14th day of October, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the second
accused in Crime No.164 of 2009 of Thrissur West Police Station.
2. The offences alleged against the accused persons are
under Sections 420 and 406 read with Section 34 of the Indian
Penal Code.
3. When the Bail Application came up for hearing on
29.9.2009, the following order was passed:
“After having heard the learned counsel for the
petitioner and the learned Public Prosecutor, I am of the
view that before disposing of the Bail Application, an
opportunity should be given to the petitioner to appear
before the investigating officer. Accordingly, there will
be a direction to the petitioner to appear before the
investigating officer at 9 AM on 7.10.2009 and
8.10.2009.
B.A. NO. 3827 OF 2009
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Post on 14.10.2009.
It is submitted by the learned Public Prosecutor that
the petitioner will not be arrested until further orders in
connection with Crime No.164 of 2009 of Thrissur West
Police Station.”
4. It is submitted by the learned counsel for the petitioner as
well as the learned Public Prosecutor that the petitioner has
complied with the direction in the order dated 29.9.2009.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and the fact that the order dated
29.9.2009 has been complied with by the petitioner, I am of the view
that anticipatory bail can be granted to the petitioner. There will be a
direction that in the event of the arrest of the petitioner, the officer in
charge of the police station shall release her on bail on her executing
bond for Rs.15,000/- with two solvent sureties for the like amount to
the satisfaction of the officer concerned, subject to the following
conditions:
B.A. NO. 3827 OF 2009
:: 3 ::
a) The petitioner shall appear before the investigating
officer for interrogation as and when required;
b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/