IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5563 of 2009()
1. JASIR.T, S/O.AZEEZ,
... Petitioner
2. NOUSHAD A, S/O.ALI, PARAPPALLY.
3. BASHEER M, S/O.MOIDU
4. SHABEER P.H, S/O.ABOOBACKER,
Vs
1. STATE OF KERALA REP BY
... Respondent
2. SAMSHEER A.K., S/O.ABDUL KHADER
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2009
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.5563 of 2009
---------------------------------------------
Dated this the 5th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1 to 4 in Crime No.119 of 2009 of Ambalathara
Police Station.
2. The offences alleged against the petitioners are under
Sections 341, 323 and 326 read with Section 34 of the Indian
Penal Code.
3. The learned counsel for the petitioners submitted that
the disputes and differences between the defacto complainant
and the accused were settled. An affidavit dated 14th September
2009 sworn in by the defacto complainant is filed by the
petitioner along with Crl.M.A.No.5476 of 2009. The affidavit
indicates that the matter was amicably settled between the
parties.
4. Though the offence under Section 326 of the Indian
Penal Code is not compoundable, taking into account the facts
and circumstances of the case, I am of the view that anticipatory
bail can be granted to the petitioners as no custodial
BA No.5563/2009 2
interrogation is required in the case.
Accordingly, 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.10,000/- each with two solvent sureties for the like amount to
the satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioners shall appear before the investigating officer
for interrogation as and when required;
b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioners shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) 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
csl