IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8022 of 2010()
1. ANZAR, S/O.ISMAIL,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.SHAJIN S.HAMEED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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B.A.No.8022 of 2010
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ORDER
Petitioner is the third accused in Crime No.
736/2010 of Mangalapuram Police Station, registered
for the offence under Section 379 read with Section
34 of Indian Penal Code. Petitioner was arrested on
20.11.2010 and since then, he is in custody. First
accused is involved in other crimes also and was
already arrested and he is in custody. Accused 2
and 4 are yet to be arrested. Though petitioner
sought bail, by Annexure-A order, learned Judicial
First Class Magistrate-II, Attingal dismissed the
petition.
2. Learned counsel appearing for the petitioner
submitted that as petitioner has been in custody
from 20.11.2010 and petitioner was granted on
police custody and that period is already over, it
is not in the interest of justice to detain him
further.
BA 8022/10 2
3. Learned Public Prosecutor also submitted
that petitioner was obtained on police custody and
was questioned and in such circumstances, on
sufficient conditions, petitioner could be released
on bail.
Petition is allowed. Judicial First Class
Magistrate-II, Attingal is directed to release the
petitioner on bail on executing a bond for
Rs.15,000/- (Rupees fifteen thousand only) with two
solvent sureties each for the like sum to the
satisfaction of the learned Magistrate on the
following conditions:
1. Petitioner shall appear before the Investigating Officer every
Monday between 10 and 11 a.m. for three weeks and thereafter as and when
required by the Investigating Officer.
2. Petitioner shall not interfere with the investigation and shall not
influence, induce or threaten any person from disclosing the facts known to
him to the Investigating Officer.
3. Petitioner shall not leave India without the previous permission of
the learned Magistrate.
14th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv