Zakariya vs Station House Officer on 13 February, 2008

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Kerala High Court
Zakariya vs Station House Officer on 13 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 818 of 2008(Z)



1. ZAKARIYA
                      ...  Petitioner

                        Vs

1. STATION HOUSE OFFICER,TALIPARAMBA
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :13/02/2008

 O R D E R
                              R.BASANT, J.

                           ----------------------

                            B.A.No.818 of 2008

                       ----------------------------------------

             Dated this  the  13th day of February 2008


                                  O R D E R

Second application for regular bail. The petitioner is the

first accused in a crime alleging offence punishable inter alia

under Sections 324 and 308 read with 149 I.P.C. The petitioner

belongs to the I.U.M.L and the victim belongs to C.P.M. The

alleged incident took place on 12/1/2008. The petitioner was

arrested on 15/1/2008. The victim, who was a passenger in the

bus, was dragged out of the bus and was allegedly attacked. The

petitioner continues in custody from 15/1/2008. An earlier

application for regular bail filed by the petitioner was dismissed

as per order dated 25/1/2008 in B.A.No.439/2008. I have

adverted to facts in detail in the order dated 25/1/2008 referred

above. It is not necessary for me to advert to facts in any greater

detail in this order. This order must be read in continuation of

the said order.

2. The learned counsel for the petitioner prays, the

learned Public Prosecutor does not oppose the said prayer on

condition that the investigating officer is granted reasonable

B.A.No.818/08 2

further time to complete the investigation and appropriate

safeguards are insisted and I am satisfied that regular bail can

be granted to the petitioner subject to appropriate conditions.

3. In the result, this petition is allowed. The petitioner

shall be released on bail on the following terms and conditions:

i) The petitioner shall not be released on bail on the

strength of this order prior to 18/02/2008. The investigating

officer shall, in the meantime, make every endeavour to

complete the investigation.

ii) He shall execute a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each for the like sum to

the satisfaction of the learned Magistrate.

iii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 12 noon on all Mondays and Fridays, for a period of two

months from the date of his release and thereafter as and when

directed by the investigating officer in writing to do so.

(R.BASANT, JUDGE)

jsr

B.A.No.818/08 3

B.A.No.818/08 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007

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