High Court Kerala High Court

Saidalavi vs State Of Kerala Represented By The on 19 December, 2008

Kerala High Court
Saidalavi vs State Of Kerala Represented By The on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7483 of 2008()


1. SAIDALAVI, S/O.ABOOBACKER,
                      ...  Petitioner
2. NOUSHAD, S/O.MOIDUTTY,

                        Vs



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

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :19/12/2008

 O R D E R
                               K. HEMA, J.
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        B.A. No.7483 of 2008
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          Dated this the 19th day of December,2008

                                 O R D E R

Petition for bail.

2. The alleged offence is under section 395 IPC.

According to prosecution, 1st accused pointed out de facto

complainant to 2nd accused who, thereafter, pointed him to

accused 3 to 5. Those people arranged accused nos. 6 to 9 to

robbery and by snatching away Rs.26 lakhs which is hawala

money.

3. Petitioners are accused nos.1 and 3. They were

arrested on 25-10-2008. Learned counsel for petitioners

submitted that even as per the prosecution case, petitioners’

role is only in pointing out de facto complainant to others who

are actually involved in the commission of offence.

4. Learned Public Prosecutor submitted that he has no

objection in granting bail but stringent conditions may be

imposed.

5. Hence, petitioners shall be released on bail on their

executing a bond for Rs.25,000/- each with two solvent sureties

each for the like amount to the satisfaction of the learned

Magistrate, on the following conditions:-

1) Petitioners shall report before the

BA 7483/08 -2-

Investigating Officer on every Monday,

Wednesday and Saturday between 10

a.m. and 1 p.m. until further orders.

2) Petitioners shall not leave the limits of the

police station within which the crime is

registered except with the prior

permission of the learned Magistrate.

3) Petitioners shall not intimidate or influence

any witness or tamper with evidence or

commit any offence while on bail and in

case breach of this condition, bail is liable

to be cancelled.

This petition is allowed.

K.HEMA, JUDGE.

mn.