IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3739 of 2009()
1. MUNEER.E
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.P.S.ABDUL KAREEM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3739 OF 2009
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Dated this the 28th July, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the first accused
in Crime No.368 of 2009 of Karunagappally Police Station.
2. The offences alleged against the petitioner and others are
under Sections 143, 147, 148, 323, 324, 308, 427 and 447 read with
Section 149 of the Indian Penal Code.
3. The petitioner moved B.A.No.2376 of 2009 for anticipatory
bail, which was disposed of by the order dated 11.6.2009. The order
reads as follows:
“The first accused in Crime No.368 of 2009 of
Karunagappally Police Station has filed this application
for anticipatory bail. The learned counsel for the
petitioner submitted that the investigation is going on
and that there is every likelihood of Section 308 of IPC
being deleted from the offence alleged. It is submitted
that this Bail Application may be closed with liberty to
move a fresh Bail Application as and when it becomes
necessary.
B.A. NO. 3739 OF 2009
:: 2 ::
The prayer is reasonable. The Bail Application is
closed with liberty to move a fresh Bail Application, if it
becomes necessary.”
4. It is alleged that Section 308 was not subsequently deleted.
Apprehending arrest, accused Nos.10 and 11 filed B.A.No.2471 of
2009 for anticipatory bail. That Bail Application was allowed as per
the order dated 15.6.2009.
5. The prosecution case is that on 18.4.2009, when a
religious discourse at the office of ISM (Ithihadul Sublanil
Mujahiddin) was going on, the accused persons who belonged to
Sunni Group pelted stones on the gathering and thus committed the
offence.
6. I have perused the case diary. The wound certificate would
disclose only minor injuries.
7. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained and other
circumstances, I am of the view that anticipatory bail can be granted
B.A. NO. 3739 OF 2009
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to the petitioner. There will be a direction that in the event of the
arrest of the petitioner, the officer in charge of the police station shall
release him on bail for a period of one month on his executing bond
for Rs.25,000/- with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioner 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 petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) On the expiry of the period mentioned above or even
before that period, the petitioner shall surrender before
the Magistrate concerned and seek regular bail;
f) 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/