Fukkar vs The State Of Kerala on 6 April, 2009

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Kerala High Court
Fukkar vs The State Of Kerala on 6 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1785 of 2009()


1. FUKKAR, S/O.MOHAMMEDKUTTY,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/04/2009

 O R D E R
                       V. RAMKUMAR, J.
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                    B.A. No. 1785 of 2009
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 6th day of April, 2009

                             O R D E R

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

who is the 1st accused in Crime No.715/2008 of the Tirur

Police Station for an offence punishable under Section 498A

read with section 34 I.P.C., seeks anticipatory bail.

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

learned Public Prosecutor.

3. Having regard to the nature of the allegations

levelled against the petitioner, the relative conduct of the

parties, the nature of the legal injury sustained and the other

circumstances of the case, I am inclined to grant anticipatory

bail to the petitioner. Accordingly, a direction is issued to the

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

petitioner on bail for a period of one month in the event of his

arrest in connection with the above case on his executing a

bond for Rs. 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) The petitioner shall report before the Investigating

Officer between 9 a.m. and 11 a.m. on all

BA1785/09 -2-

Wednesdays.

2) The petitioner shall make himself available for

interrogation including custodial interrogation as

and when required by the Investigating Officer.

3) Petitioner shall not influence or intimidate the

prosecution witnesses nor shall he attempt to

tamper with the evidence for the prosecution.

4) Petitioner shall not commit any offence while on

bail.

5) On the expiry of the aforesaid period, the Petitioner

shall surrender before the Magistrate concerned

and seek regular bail.

If the petitioner commits breach of any of the above

conditions, the bail granted to him shall be liable to be

cancelled.

This application is allowed as above.

V. RAMKUMAR,
JUDGE.

mn.

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