Ashraf vs State Of Kerala on 15 September, 2009

Kerala High Court
Ashraf vs State Of Kerala on 15 September, 2009
       

  

  

 
 
  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.
                     ---------------------------
                      B.A. No. 5064 of 2009
                 ------------------------------------
           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

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