IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8400 of 2010()
1. H. NOUSHAD, S/O. HAMEED RAWTHER,
... Petitioner
2. NISHAD, S/O. HAMEED RAWTHER,
3. SALIM, S/O. HASAN RATHER,
Vs
1. S.I OF POLICE,
... Respondent
For Petitioner :SRI.T.S.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/12/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.8400 of 2010
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Dated this the 23rd day of December, 2010
ORDER
In this Petition filed under Sec.438 Cr.P.C. the
petitioners who are accused Nos.1 to 3 in Crime No.727 of
2010 of Iritty Police Station for an offence punishable under
Section 498-A I.P.C., seek anticipatory bail.
2. I heard the learned counsel for the petitioners and
the learned Public Prosecutor.
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 bail to the petitioners. Accordingly, a
direction is issued to the officer-in-charge of the police station
concerned to release the petitioners 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 of the said officer and subject to the following
Bail Appln.No.8400/2010
: 2 :
conditions:-
1. The petitioners shall report before the
Investigating Officer between 9 a.m. and 11 a.m.
on all Wednesdays.
2. The petitioners shall make themselves available
for interrogation including custodial
interrogation as and when required by the
Investigating Officer.
3. The petitioners shall not influence or intimidate
the prosecution witnesses nor shall they
attempt to tamper with the evidence for the
prosecution.
4. The petitioners shall not commit any offence
while on bail.
5. The bail granted pursuant to this order shall
be 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 the petitioners 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.
V.RAMKUMAR, JUDGE
skj