IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5117 of 2009()
1. KALLIDUMBIL ABDULLA, S/O.ABU KALLIDUMBIL
... Petitioner
2. M.M.HAMEED, S/O. MUHAMMED AGED 35 YEARS
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.K.M.FIROZ
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5117 of 2009
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Dated this the 14th day of September, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos. 2 and 3 in Crime No.171/2009 of Mavoor Police
Station.
2. The offences alleged against the petitioners are under
Sections 454 and 380 read with Section 34 of the Indian Penal
Code.
3. The first accused is the husband of the defacto
complainant. Accused No. 2 is the person who entered into an
agreement for sale with the first accused. Third accused is the
helper of the second accused and a witness to the agreement. It
would appear that the first accused and his wife, the defacto
complainant, are on logger heads and there are litigations
between them.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. I have also perused the Case Diary.
B.A. No. 5117 of 2009 2
4. Taking into account the facts and circumstances of
the case, the nature of the offence and other circumstances, 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.
25,000/- 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 report before the
investigating officer between 9 A.M and 11
A.M. on all 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.
B.A. No. 5117 of 2009 3
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
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