IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2802 of 2009()
1. CHERUKUPPAYIL MUHAMMED MKUNHI,
... Petitioner
2. VANNAN KUTTOYIL NAVAS, S/O. AMMAD,
3. JASHEER, S/O. SOOPY, AGED 22 YEARS,
4. JAMSHEERO, S/O. MOYDI, AGED 21 YEARS,
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.K.B.ARUNKUMAR
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.
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B.A.No.2802 of 2009
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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, 2,
4 and 5 in Crime No.178 of 2009 of Perambra Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of
the Indian Penal Code.
3. It is stated that the first petitioner was arrested on 20.5.2009
and he was released on regular bail. Therefore, this Bail Application in
so far as it relates to the first petitioner has become infructuous. It is
also stated that accused No.3 was arrested on 17.4.2009 and he was
also released on bail. This Bail Application is being considered only in
respect of petitioners No.2 to 4, who are accused Nos.2, 4 and 5.
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 No.2 to 4. There will be a direction that in the event
of the arrest of the petitioners No.2 to 4, the officer in charge of the
BA No. 2802/2009 2
police station shall release them on bail for a period of one month 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) Petitioners No.2 to 4 shall report before the investigating officer
between 9 A.M. and 11 A.M. on alternate Mondays, till the final
report is filed or until further orders;
b) Petitioners No.2 to 4 shall appear before the investigating officer
for interrogation as and when required;
c) Petitioners No.2 to 4 shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) Petitioners No.2 to 4 shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) On the expiry of the period mentioned above, petitioners No.2 to
4 shall surrender before the Magistrate concerned and seek
regular bail;
f) 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
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