IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6734 of 2009()
1. HABEEMATH, AGED 50 YEARS,
... Petitioner
2. ABDUL GAFOOR, AGED 60 YEARS,
3. HILAL, AGED 24 YEARS,
Vs
1. STATE OF KERALA, (CRIME NO. 833/2008
... Respondent
For Petitioner :SRI.ALAN PAPALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6734 OF 2009
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Dated this the 15th day of December, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3
in Crime No.833 of 2008 of Kadakkal Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 452, 323, 324 and 308 read with Section 149 of
the Indian Penal Code.
3. When the Bail Application came up for hearing on
2.12.2009, the following order was passed:
“After having heard the learned counsel for the
petitioners and the learned Public Prosecutor, I am of
the view that before disposing of the Bail Application,
an opportunity should be given to the petitioners to
appear before the investigating officer. Accordingly,
there will be a direction to the petitioners to appear
before the investigating officer at 9 AM on 8th and 9th
December, 2009.
B.A. NO. 6734 OF 2009
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Post on 15.12.2009.
It is submitted by the learned Public Prosecutor
that the petitioners will not be arrested until further
orders in connection with Crime No.833 of 2008 of
Kadakkal Police Station.
The petitioners shall produce copy of this order
before the investigating officer.”
4. It is submitted by the learned counsel for the petitioners as
well as the learned Public Prosecutor that the direction in the order
dated 2.12.2009 has been complied with by the petitioners.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 2.12.2009 has been complied with by
the petitioners, I am of the view that anticipatory bail can be granted
to the petitioners. There will be a direction that in the event of the
arrest of the petitioners, the officer in charge of the police station
shall release them on bail on their executing bond for Rs.15,000/-
each with two solvent sureties for the like amount to the satisfaction
of the officer concerned, subject to the following conditions:
B.A. NO. 6734 OF 2009
:: 3 ::
a) The third petitioner 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) The petitioners shall appear before the investigating
officer for interrogation as and when required;
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners shall not commit any offence or indulge
in any prejudicial activity while on bail;
e) 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
ahz/