Basheer vs State Of Kerala Through The on 10 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 397 of 2009()


1. BASHEER, S/O.ALAVI, AGED 30 YEARS,
                      ...  Petitioner
2. MANI @ ASHRAF, S/O.MUHAMMED,

                        Vs



1. STATE OF KERALA THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/06/2009

 O R D E R
                          K.T.SANKARAN, J.
                       -----------------------------
                          B.A.No.397 of 2009
                      ------------------------------
                Dated this the 10th day of June, 2009




                                 ORDER

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioners are accused Nos.1

and 2 in Crime No.762 of 2008 of Medical College Police Station,

Kozhikode.

2. The offences alleged against the petitioners are under

Sections 365 and 395 read with Section 34 of the Indian Penal Code.

3. The prosecution case is that the accused persons

kidnapped the defacto complainant and committed robbery of

Rs.20,000/- and a mobile phone from the defacto complainant. When

the Bail Application came up on 5.2.2009, the undertaking of the

learned public prosecutor that the petitioners will not be arrested till

the disposal of the application was recorded. On 20.2.2009, the

following order was passed:

“Learned counsel for petitioners submitted that
defacto complainant was working as a Manager and
looking after the affairs of a hotel of first petitioner’s
sister. Thereafter, he was inducted as a partner in a
ready made business started by the sister.
Subsequently, he started making physical advance
towards the sister, which she informed to the first
petitioner. There was some quarrel on account of this

BA No.397/2009 2

and the incident did not happen, as alleged.

Petitioners shall surrender before the Investigating
Officer on 25.2.2009 between 10 a.m. and 1 p.m. and
make themselves available for interrogation.

Post on 27.2.2009″

4. In accordance with the order dated 20.2.2009, the

petitioners surrendered before the Investigating Officer and they were

interrogated. The learned public prosecutor submitted that on further

investigation, it is revealed that no offence under Section 365 or 395 is

made out and that only an offence under Section 324 would be

attracted. However, Sections 365 and 395 are not deleted as of now.

5. Taking into account the facts and circumstances of the

case, the nature of the offence 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 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;

BA No.397/2009 3

c) The petitioners shall not commit any offence or indulge in any
prejudicial activity while on bail.

The Bail Application is allowed to the extent indicated above.

K.T.SANKARAN,
JUDGE
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