IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1798 of 2007()
1. SAINUDEEN METHALERI, S/O. IBRAHIMKUTTY,
... Petitioner
2. ABDUL SALEEM MULAYATH, S/O. MOIDEEN,
3. JAMAL MELERPADAM, S/O. ABDUL RAHIMAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.P.MUJEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 1798 OF 2007
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Dated this the 26th day of March, 2007
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioners,
who are accused Nos.1 to 3 in Crime No.232/06 of Vazhakkad Police
Station for an offence punishable under Sec.308 read with section 34
IPC, seek their enlargement on bail. The occurrence took place at
about 10 a.m. on 8.10.2006. The petitioners were arrested on
12.3.2007.
2. Learned Public Prosecutor opposed the application
submitting, inter alia, that the first accused is involved in another crime
for an offence punishable under section 304 IPC.
3. Having regard to the antecedents of the first accused/first
petitioner, I am not inclined to grant bail to the first accused. In the
case of accused Nos.2 and 3, since they were not armed with any
deadly weapon, I am inclined to grant bail to them but only with effect
from a future date. Accordingly, the 2nd and 3rd petitioners are directed
to be released on bail with effect from 30.3.2007 on each of them
executing a bond for Rs.10,000/- (Rupees ten thousand only) with two
solvent sureties each for the like amount to the satisfaction of the
J.F.C.M., Malappuram and subject to the following conditions:
BA.1798/07
: 2 :
a. The 2nd and 3rd petitioners shall report
before the Investigating Officer between 9
a.m. and 11 a.m. on all Wednesdays.
b. The 2nd and 3rd petitioners shall make
themselves available for interrogation as
and when required by the police till the filing
of the final report.
c. The 2nd and 3rd petitioners shall not
influence or intimidate the prosecution
witnesses nor shall they attempt to tamper
with the evidence for the prosecution.
d. The 2nd and 3rd petitioners shall not
commit any offence while on bail.
If the 2nd and 3rd petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be cancelled.
In the result, this application is allowed in part granting bail to the
2nd and 3rd petitioners but rejecting the request of the first accused for
bail.
(V. RAMKUMAR, JUDGE)
aks