High Court Kerala High Court

Latheef Ahammed Haji vs State Of Kerala Rep.By Inspector … on 3 November, 2009

Kerala High Court
Latheef Ahammed Haji vs State Of Kerala Rep.By Inspector … on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6295 of 2009()


1. LATHEEF AHAMMED HAJI, AGED 38 YEARS,
                      ...  Petitioner
2. SAKEENA KALLATTRA, AGED 60 YEARS,
3. ZUBAIDA, AGED 28 YEARS,
4. RASEENA MAHIN, AGED 33 YEARS,
5. MUMTHAZ NASAR, AGED 32 YEARS

                        Vs



1. STATE OF KERALA REP.BY INSPECTOR OF
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :03/11/2009

 O R D E R
                        K.T.SANKARAN, J.
                   ---------------------------------------------
                         B.A.No.6295 of 2009
                   ---------------------------------------------
             Dated this the 3rd day of November, 2009


                                ORDER

Apprehending arrest on an accusation of having committed

non bailable offence in Crime No.714 of 2009 of Kasaragod Police

Station, the petitioners have filed this application for anticipatory

bail under Section 438 of the Code of Criminal Procedure.

2. It is stated by the learned counsel for the petitioners

that the defacto complainant filed a complaint before the Judicial

Magistrate of the First Class-Kasaragod which was forwarded to

the police for investigation under Section 156(3) of the Code of

Criminal Procedure. Accordingly, the crime was registered for the

offences under Sections 323, 341, 427, 498A and 506(ii) read with

Section 149 IPC.

3. The learned Public Prosecutor submitted that on

investigation, it was found that accused Nos.3 to 5 have not

committed any offence and their names were deleted from the

array of accused. It is also submitted by the learned Public

Prosecutor that the offences alleged against the petitioners are

under Sections 323, 324, 427 and 498A read with Section 34 of the

Indian Penal Code.

BA No.6295/2009 2

4. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

5. 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.15,000/- 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
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