IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3407 of 2010()
1. SHOUKATH ALI @ SHOUKATH, S/O. ABOOBACKER
... Petitioner
2. FAISAL, S/O. BEERAVU,
3. HABEEB, S/O. CHERIYAKUTTY,
4. JAFAR, S/O. SAIDU MUHAMMED,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.3407 of 2010
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Dated: 17.08.2010
ORDER
Heard both sides.
2. Petitioners, who are the accused in Crime No.220/2010 of
Tirur Police Station for offences punishable under Sections
120B,143,148,323,427,452,324,326 and 307 read with 149 IPC
were granted bail on 30.4.2010, as per the order passed in
Crl.M.C.No.388/2010. One of the bail conditions was that the
petitioners should report before the Investigating Officer between
8 am and 9 am on all days for a period of two months. The bail has
subsequently been cancelled as per Ext.A2 order dated 28.06.2010
for the reason that the petitioners failed to comply with the above
said conditions after one month.
3. Having regard to the gravity of the offences and the facts
and circumstances of the case, the condition to report before the
Investigating Officer on all days between 8 am and 9 am for a
period of two months was unnecessary. According to the
petitioners since the Station House Officer informed them that the
final report was being filed, the petitioners were under the
impression that there is no need to report before the Police
Crl. M.C. No.3407 of 2010
2
thereafter. There is no case that the petitioners got involved in
any other crime. Under these circumstances, Annexure A2 order
dated 28.06.2010 is set aside and the petitioners shall be
released on bail on fresh sureties on each of them executing a
bond for Rs.15,000/- (Rupees fifteen thousand only) with two
solvent sureties (fresh sureties) each for the like amount to the
satisfaction of the J.F.C.M, Tirur and subject to the following
conditions:
1.The petitioners shall report before the Investigating
Officer between 9 a.m. and 10 a.m. on all Mondays.
2. The petitioners shall make themselves available
for interrogation including custodial interrogation
as and when required by the Investigating Officer.
3. Petitioners shall not influence or intimidate
the prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.
4. Petitioners shall not commit any offence while
on bail.
Dated this the 17th day of August, 2010.
V. RAMKUMAR, JUDGE
sj