High Court Kerala High Court

Shuhaib.K.P vs State Of Kerala on 26 May, 2010

Kerala High Court
Shuhaib.K.P vs State Of Kerala on 26 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2524 of 2010()


1. SHUHAIB.K.P, AGED 20 YEARS,
                      ...  Petitioner
2. SHAHID.M,
3. RASSAK, S/O. ABDUL RAHIMAN,

                        Vs


1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.M.HABEEB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :26/05/2010

 O R D E R
                             K.HEMA, J.
            ----------------------------------------------
                Bail Application No.2524 of 2010
            ----------------------------------------------
                     Dated 26th May, 2010.

                              O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 308 and

149 of the Indian Penal Code. Petitioners are accused Nos.11 to

13 in the crime. According to prosecution, on 2.2.2010,

petitioners along with the other accused attacked the defacto

complainant and others on account of rivalry due to a quarrel,

which arose in connection with the conduct of a football

tournament. Accused Nos.1 and 2 attacked the defacto

complainant and 3 others with an iron rod and he sustained

injuries on his head.

3. Learned counsel for the petitioners submitted that

no specific overt act is alleged against petitioners. Specific overt

acts are alleged against accused Nos.1 and 2. Anticipatory bail

application was filed by accused Nos.1 to 10 and this Court has

granted anticipatory bail to accused Nos.3 to 10. The prayer for

anticipatory bail by the first and second accused alone was

rejected.

BA NO.2524/10 2

4. Learned Public Prosecutor conceded that no specific

overt act is alleged against petitioners and in the light of

Annexure I order, he has no objection in granting anticipatory bail

to petitioners.

5. On hearing both sides, I am satisfied that

anticipatory bail can be granted on conditions. Hence, the

following order is passed :

(1) Petitioners shall appear before the Investigating

Officer within seven days from today and co-

operate with the investigation.

(2) Petitioners shall, in the event of their arrest, be

released on bail, on their executing bond for

Rs.15,000/- (Rupees fifteen thousand only) each

with two solvent sureties each for the like sum to

the satisfaction of the arresting officer, on the

following conditions :

(i) They shall report before the

Investigating Officer on every Monday

between 10 a.m. and 1 p.m. until final

report is filed.

(ii) Petitioners shall not influence or

intimidate any witness or tamper with

evidence.

(iii) In case petitioners are involved in any

BA NO.2524/10 3

offence of similar nature, their bail is

liable to be cancelled.

K.HEMA, JUDGE.

tgs