Mohammed Ashraf.A.V. vs State – Represented By Public … on 9 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3707 of 2009()


1. MOHAMMED ASHRAF.A.V., AGED 50 YEARS,
                      ...  Petitioner
2. ASHRAF C.H., AGED 37 YEARS,

                        Vs



1. STATE - REPRESENTED BY PUBLIC PROSECUTOR
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :09/07/2009

 O R D E R
                              K.T.SANKARAN, J.
                 ------------------------------------------------------
                          B.A. NO. 3707 OF 2009
                 ------------------------------------------------------
                       Dated this the 9th July, 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 the accused persons

in Crime No.397 of 2009 of Hosdurg Police Station.

2. The offences alleged against the petitioners are under Sections

353 and 294(b) of the Indian Penal Code and Section 3(1) of the PDPP

Act.

3. The prosecution case is that while the officials of the Kasaragod

Municipality were engaged in removing the unauthorised fruit stall run by

the first petitioner in the pathway, they were obstructed by the accused

persons from discharging their official duties and committed the offences

under the above said sections.

4. I have perused the case diary.

5. Though I am reluctant to exercise the discretionary remedy in

favour of the persons who indulge in taking law in their hands, taking into

B.A. NO. 3707 OF 2009

:: 2 ::

account the facts and circumstances of the case and also the fact that the

first petitioner was conducting a small trade, by way of extreme leniency, I

am inclined to grant bail 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 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/