IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4110 of 2007()
1. BEERAN,S/O.MOIDEEN,THOZHILALI STORE,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4110 of 2007
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Dated this the 6th day of July, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations in a crime registered, inter alia, under Section 353 I.P.C.
That is the only non-bailable offence alleged against him. He is
alleged to have obstructed the sale of sand seized by the Revenue
officials. The alleged incident took place on 26.3.2007.
Investigation is in progress. The petitioner apprehends imminent
arrest. In view of the amendment of the Code, Section 353 is a non-
bailable offence and that explains why the petitioner has come to this
court with this application under Section 438 cr.P.C.
2. The learned counsel for the petitioner prays, the learned
Prosecutor does not seriously oppose the said prayer and I am
satisfied in the circumstances of this case that appropriate direction
under Section 438 Cr.P.C. can be issued in favour of the
petitioner.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
B.A.No. 4110 of 2007
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(a) The petitioner shall surrender before the learned Magistrate on
13.7.2007 at 11 a.m. The learned Magistrate shall release him on regular
bail on condition that he executes a bond for Rs.25,000/- (Rupees
twenty five thousand only) with two solvent sureties each for the like sum
to the satisfaction of the learned Magistrate.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 1 p.m. on 14.7.07 and
15.7.2007 and thereafter as and when directed by the Investigating Officer
in writing to do so.
(c) If the petitioner does not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 13.7.06 and the
police shall be at liberty thereafter to arrest the petitioner and deal with him
in accordance with law.
(b) If the petitioner were arrested prior to his surrender on 13.7.2006
as directed in clause (1) above, he shall be released on bail on his executing
a bond for Rs.25,000/- without any surety undertaking to appear before the
learned Magistrate on 13.7.2007.
(R. BASANT)
tm Judge
B.A.No. 4110 of 2007
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