IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1508 of 2010()
1. S.U.NOUSHAD, AGED 46 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.ASHIK K.MOHAMMED ALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1508 OF 2010
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Dated this the 29th 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 petitioner is the second
accused in Crime No.1251 of 2009 of Fort Kochi Police Station,
Ernakulam District.
2. The offences alleged against the accused are under
Sections 403, 408 and 420 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
17.3.2010, the following order was passed:
“After having heard the learned counsel for the
petitioner and the learned Public Prosecutor, I am of
the view that before disposing of the Bail Application,
an opportunity should be given to the petitioner to
appear before the investigating officer. Accordingly,
there will be a direction to the petitioner to appear
before the investigating officer at 9 AM on 23rd and 24th
March, 2010.
B.A. NO. 1508 OF 2010
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Post on 29/03/2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.1251 of 2009 of
Fort Kochi Police Station.
The petitioner shall produce a copy of the order
before the investigating officer.”
4. It is submitted by the learned counsel for the petitioner as
well as the learned Public Prosecutor that the direction in the order
dated 17.3.2010 has been complied with by the petitioner.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 17.3.2010 has been complied with
by the petitioner, 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:
B.A. NO. 1508 OF 2010
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a) The petitioner shall appear before the investigating
officer for interrogation as and when required;
b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner 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.
The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/