High Court Kerala High Court

Sadarudeen vs State Of Kerala on 6 May, 2008

Kerala High Court
Sadarudeen vs State Of Kerala on 6 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2793 of 2008()


1. SADARUDEEN, S/O. KOCHUNNI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. SUB INSPECTOR OF POLICE

                For Petitioner  :SRI.GEORGE CHERIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :06/05/2008

 O R D E R
               K.P. Balachandran, J.

            ---------------------------

               B.A.No. 2793 of 2008

            ---------------------------

                       ORDER

This is an application for anticipatory bail

filed under Section 438 of the Cr.P.C.

2. Petitioner is an accused in Crime No.

211/08 of Kunnathunadu Police Station, registered

for offence under Section 498A IPC read with

Section 34 thereof, on the basis of a complaint

filed by his wife. Heard the submissions of the

counsel for the petitioner and the Public

Prosecutor and perused the records. I am not of

the view that anticipatory bail shall not be

granted to the petitioner in the circumstances of

this case.

In the result, allowing this application, I

direct that the petitioner shall surrender before

the Magistrate concerned positively on or before

13.5.2008 and shall deposit by way of cash security

an amount of Rs.5,000/- and shall thereafter

execute bail bond for Rs.20,000/- with two solvent

BA 2793/08 2

sureties each for like sums to the satisfaction of

the Magistrate.

On the above conditions being satisfied, the

petitioner can be enlarged on bail.

On such release, the petitioner shall appear

before the Investigating Officer on every alternate

days for a period of two weeks and thereafter on

all Tuesdays and Fridays only for a further period

of two months or till the investigation in the case

is over and final report is laid, whichever event

happen earlier.

The above directions shall not stand in the way

of the Investigating Agency seeking for custodial

interrogation of the petitioner, if need be and the

Magistrate granting it, if deemed fit, necessary

and legal.

On release the petitioner shall co-operate with

the investigation in the case, shall not get

himself involved in commission of any offence,

shall not influence or intimidate the witnesses in

BA 2793/08 3

the case and shall not, except for the purpose of

appearing before the Investigating Officer, move

beyond the territorial limits of the town, in which

he is having his permanent residence, the details

of which shall be furnished to the court and to the

Investigating Officer immediately on release on

bail.

6th May, 2008 (K.P.Balachandran, Judge)
tkv