High Court Kerala High Court

Noojum Khan vs State Of Kerala Represented By The on 15 October, 2010

Kerala High Court
Noojum Khan vs State Of Kerala Represented By The on 15 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3729 of 2010()


1. NOOJUM KHAN, AGED 36 YEARS,
                      ...  Petitioner
2. KABEER, AGED 23 YEARS, S/O.SHAHUL HAMEED

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/10/2010

 O R D E R
                        V.RAMKUMAR, J.
             ----------------------------------------------
             Bail Application No.3729 of 2010
            ------------------------------------------------
         Dated this the 15th day of October, 2010

                               ORDER

The petitioners, who are accused Nos.1 & 2 in Crime

No.527 of 2010 of Pooyappally Police Station for offences

punishable under Sections 323, 498(A) read with Section 34

I.P.C. and 5(1)(b) Immoral Traffic (Prev.)Act, seek anticipatory

bail.

2. The learned Public Prosecutor opposed the

application.

3. Anticipatory bail cannot be granted in a case of

this nature. But at the same time, I am inclined to permit the

petitioners to surrender before the Investigating Officer for

the purpose of interrogation and then to have their application

for bail considered by the Magistrate having jurisdiction.

Accordingly, the petitioners shall surrender before the

investigating officer on 28/10/2010 or on 29/10/2010 for

the purpose of interrogation and recovery of incriminating

material, if any. The petitioners shall thereafter be produced

before the Magistrate concerned and file an application for

regular bail. On being convinced that the petitioners have

Bail Appln.No.3729/2010
: 2 :

been interrogated by the police, the Magistrate shall

preferably on the same date on which the application is filed,

release the petitioners on bail on each of the petitioners

executing a bond for Rs.15,000/-(Rupees fifteen thousand

only) with two solvent sureties each for the like amount to the

satisfaction of the Magistrate and subject to the following

conditions:-

1. The petitioners shall report before the

Investigating Officer between 9 a.m. and

11 a.m. on all Wednesdays.

2. The petitioners shall make themselves

available for interrogation including

custodial interrogation as and when

required by the Investigating Officer.

3. The petitioners shall not influence or

intimidate the prosecution witnesses nor

shall they attempt to tamper with the

evidence for the prosecution.

4. The petitioners shall not commit any

offence while on bail.

5. If the petitioners commit breach of any of

the above conditions, the bail granted to

them shall be liable to be cancelled.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

skj