IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5064 of 2009()
1. ASHRAF, S/O.ABDUL MAJEED
... Petitioner
2. NISHAD, S/O.NISSAM,
3. NIYAS, S/O.NISSAM,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.B.S.SWATHI KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5064 of 2009
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Dated this the 15th day of September, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioners
are accused Nos.1, 3 and 4 in Crime No.595/2009 of Varkala
Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 149, 452, 324 and 427 of the Indian
Penal Code.
3. Heard the learned counsel for the petitioners and the
learned Public Prosecutor and also perused the Case Diary.
4. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained and other
circumstances, I am of the view that anticipatory bail can be
granted to the petitioners. There will be a direction that in the
event of the arrest of the petitioners, the officer in charge of the
police station shall release them on bail on their executing bond
for Rs.25,000/-each with two solvent sureties for the like amount
B.A. No. 5064 /2009
2
to the satisfaction of the officer concerned, subject to the
following conditions:
A) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
B) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioners 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
scm