Rashid vs State Of Kerala on 28 October, 2009

Kerala High Court
Rashid vs State Of Kerala on 28 October, 2009




Bail Appl..No. 4953 of 2009()

                      ...  Petitioner


                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :28/10/2009

 O R D E R
                         K.T.SANKARAN, J.
                      B.A. NO. 4953 OF 2009
            Dated this the 28th day of October, 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 accused No.2 in

Crime No.358 of 2009 of Koyilandy Police Station.

2. The offences alleged against the accused persons are

under Sections 143, 148, 448, 326, 506(ii) and 308 read with Section

149 of the Indian Penal Code.

3. The petitioner herein and seven others filed Crl.M.C.No.832

of 2009 before the Court of Sessions, Kozhikode Division praying for

the grant of anticipatory bail. That application was disposed by the

Sessions Court as per Annexure A order dated 30.6.2009. The

prayer for anticipatory bail was granted in favour of petitioners 1, 3,

4, 6, 7 and 8 in the application before the learned Sessions Judge.

However, anticipatory bail was refused to the petitioner herein and

another on the ground that the petitioner is involved in other cases

as well.

B.A. NO. 4953 OF 2009

:: 2 ::

4. Learned counsel for the petitioner submitted that in the two

cases in which the petitioner is involved, the offences alleged against

the petitioner are only bailable offences.

5. 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

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 on his executing bond for Rs.15,000/- 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 alternate
Mondays, till the final report is filed or until further

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;

B.A. NO. 4953 OF 2009

:: 3 ::

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.



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