IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4437 of 2009()
1. MUHAMMED SHAN,
... Petitioner
2. AMEER,
Vs
1. STATE OF KERALA REP.BY S.I.OF POLICE,
... Respondent
For Petitioner :SRI.C.S.MANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4437 of 2009
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Dated this the 26th day of August, 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.1 and 2 in Crime No.456/2009 of Sasthamkotta
Police Station.
2. The offences alleged against the petitioners are
under Sections 452, 323, 324 read with Section 34 of the
Indian Penal Code.
3. Originally Section 326 was included. The learned
Public Prosecutor submitted that Section 326 was subsequently
deleted and instead, Section 324 was added.
4. When the Bail Application came up for hearing on
11.08.2009, the following order was passed:
” The petitioners submitted that they are prepared to
co-operate with the investigation and that they are
prepared to appear before the investigating officer.
The petitioners shall appear before the investigating
officer on 17.08.2009 and 18.08.2009 at 9. A.M. for
interrogation.
It is submitted by the learned Public Prosecutor that
B.A. No. 4437 of 2009 2
the petitioners will not be arrested till then.”
4. It is submitted by the learned counsel for the petitioners
as well as the learned Public Prosecutor that the petitioners
appeared before the investigating Officer on 17.08.2009 and
18.08.2009 and their statements were recorded. In view of the
compliance of the order dated 11.08.2009, 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 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.
B.A. No. 4437 of 2009 3
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
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