IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 172 of 2011()
1. M.A.SHUHAIB, AGED 27 YEARS,
... Petitioner
2. SAINABHA, AGED 59 YEARS,
3. ISMAIL.M.A., AGED 33 YEARS,
4. SHAJITHA, AGED 27 YEARS, W/O.ISMAIL,
5. HASSAN THANGAL, AGED 50 YEARS,
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/01/2011
O R D E R
V. RAMKUMAR, J.
..............................................
B.A. No.172 of 2011
................................................
Dated this the 17th day of January, 2011.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C., the petitioners
who are accused Nos.1 to 5 in Crime No.586 of 2010 of
Cheruthuruthy Police Station for offences punishable under
Sections 341, 323, 506, 406, 420, 498A and 386 r/w Section 34
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 to the said officer and subject to the following
conditions:
B. A.No.172/2011 -:2:-
1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.
2. Petitioners shall make themselves available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.
3. Petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.
4. 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.
Dated this the 17th day of January, 2011.
V.RAMKUMAR, JUDGE. RV