High Court Kerala High Court

Chuzhallikkara Abdulla vs Sub Inspector Of Police on 23 December, 2010

Kerala High Court
Chuzhallikkara Abdulla vs Sub Inspector Of Police on 23 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8018 of 2010()


1. CHUZHALLIKKARA ABDULLA,
                      ...  Petitioner
2. SOOPI, S/O. ABDULL, AGED 65 YEARS,
3. AYISHA, W/O. SOOPI,
4. ZEENATH, D/O. SOOPI,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/12/2010

 O R D E R
                           V. RAMKUMAR, J.
               ..............................................
                        B.A. No.8018      of 2010
              ................................................
            Dated this the 22nd day of December, 2010.

                                O R D E R

In this Petition filed under Sec. 438 Cr.P.C., the petitioners

who are accused Nos. 1 to 4 in Crime No. 279 of 2010 of

Valayam Police Station, Kozhikode for offences punishable

under Sections 498A, 406, 354, 511 and 376 r/w Section 34

I.P.C., seek anticipatory bail.

2. I heard the learned counsel for the petitioners and the

learned Public Prosecutor. It is submitted that petitioners 3 and 4

have since been arrested. If so, their application for anticipatory

bail has become infructuous and is accordingly rejected.

3. After evaluating the factors and parameters which are

to be taken into consideration in the light of paragraph 122 of

the verdict dated 2-12-2010 of the Apex Court in Siddharam

Satlingappa Mhetre v. State of Maharashtra and Others

(Crl.Appeal No. 2271 of 2010), I am inclined to grant anticipatory

B.A. No. 8018/2010 -:2:-

bail to petitioners 1 and 2. Accordingly, a direction is issued to

the officer-in-charge of the police station concerned to release

petitioners 1 and 2 on bail in the event of their arrest in

connection with the above case on each of them executing a bond

for `25,000/- (Rupees twenty five thousand only) with two

solvent sureties each for the like amount to the satisfaction to the

said officer and subject to the following conditions:

1. Petitioners 1 and 2 shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on
all Wednesdays.

2. Petitioners 1 and 2 shall make themselves available
for interrogation including custodial interrogation
as and when required by the Investigating Officer.

3. Petitioners 1 and 2 shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence for the
prosecution.

4. Petitioners 1 and 2 shall not commit any offence
while on bail.

5. The bail granted pursuant to this order shall be

B.A. No. 8018/2010 -:3:-

in force till the end of the trial of the case unless
and until it is cancelled by this Court in
accordance with paragraph 103 of the verdict
in Siddharam Satlingappa Mhetre’s case
(supra).

If petitioners 1 and 2 commit breach of any of the above
conditions, the bail granted to them shall be liable to be cancelled.

This application is allowed as above.

Dated this the 23rd day of December, 2010.

                                          V.RAMKUMAR,         JUDGE.
rv