High Court Kerala High Court

T.M.Abdul Hameed Khan vs State Of Kerala on 6 May, 2008

Kerala High Court
T.M.Abdul Hameed Khan vs State Of Kerala on 6 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2755 of 2008()


1. T.M.ABDUL HAMEED KHAN, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

3. THE CIRCLE INSPECTOR,

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                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.2755 OF 2008
            -----------------------------------------------------
            DATED THIS THE 6TH DAY OF MAY, 2008

                              O R D E R

This is an application for anticipatory bail under Section 438

Cr.P.C.

2. Petitioner is the 6th accused in Crime No.819/07 of Hill

Palace Police Station registered for offences under sections 465 and

468 of the Indian Penal Code. It is submitted that the 6th accused has

been arraigned as an accused by submitting report on 10.4.2008,

though the crime was registered as early as on 6.11.2007. Grant of

anticipatory bail is opposed by the Director General of Prosecutions on

the ground that custodial interrogation of the petitioner will have to be

made for the purpose of investigation. With that right being reserved,

the DGP has no serious objection to the grant of anticipatory bail to

the petitioner.

3. In the result, 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.25,000/- and

shall thereafter execute bail bond for Rs.30,000/- with two solvent

sureties each for the like sums to the satisfaction of the court below.

B.A.NO.2755/08 2

4. On the above conditions being satisfied, the petitioner can

be enlarged on bail on the following further conditions.

5. On such release, the petitioner shall appear before the

Investigating Officer between 10 AM and 12 noon on all days for a

period of two weeks and thereafter on every alternate days for a

period of one month and thereafter on all Tuesdays and Fridays till the

investigation in the case is over and final report is laid.

6. 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.

7. 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 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.

K.P.BALACHANDRAN, JUDGE.

dsn