IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1117 of 2010()
1. MUSTHAFA, S/O. MOIDU, AGED 22 YEARS,
... Petitioner
2. ABDUL AZAD, S/O. MAMMU, AGED 24 YEARS,
3. SHABEER, S/O. KUNHABDULLA, AGED 22 YEARS
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1117 of 2010
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Dated this the 15th day of March, 2010
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. 3, 4 and 6 in Crime No. 134/2010 of Vatakara Police
Station, Kozhikode District.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 341, 324, 326 and 308 read with Section
149 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
24.02.2010, the following order was passed:
“After having heard the learned counsel
for the petitioners and the learned Public
Prosecutor, I am of the view that before
disposing of the Bail Application, an
opportunity should be given to the petitioners
to appear before the investigating officer.
Accordingly, there will be a direction to the
petitioners to appear before the investigating
officer at 9 A.M. on 04th and 05th March, 2010.
The petitioners shall produce copy of the order
B.A. No. 1117/2010 2
before the investigating officer.
Post on 11.03.2010.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection with
Crime No.134/2010 of Vatakara Police Station.
Hand over copy to both sides.”
4. It is submitted by the learned counsel for the petitioners
and the learned Public Prosecutor that the petitioners have
complied with the direction contained in the order dated
24.02.2010.
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 report before the
investigating officer between 9 A.M and 11 A.M.
on alternate Mondays, till the final report is filed
or until further orders;
B.A. No. 1117/2010 3
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
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