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Ummer K. and Fathima Samad vs State

High Court Of Kerala · Decided on 5 April 2010 · Citation: (2010) 04 KL CK 0054

HON’BLE JUDGES
K.T. Sankaran, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 323, 498A
CASE NUMBER
Bail Application No. 1858 of 2010
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Judgment

12 paragraphs · 350 words

K.T. Sankaran, J.—This is an application for anticipatory bail u/s 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 4 in Crime No. 132 of 2010 of Edakkad Police Station.

2.

The offences alleged against the petitioners are under Sections 323 and 498A of the Indian Penal Code.

3.

The learned Public Prosecutor submitted that the second petitioner, who was shown as accused No. 4 in the crime, was deleted from the array of accused. The first petitioner is the sole accused in the case as of now.

4.

Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

5.

Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the first petitioner (sole accused).

6.

There will be a direction that in the event of the arrest of the first petitioner (accused), the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

a) The first petitioner (accused) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders;

b) The first petitioner (accused) shall appear before the investigating officer for interrogation as and when required;

c) The first petitioner (accused) shall not try to influence the prosecution witnesses or tamper with the evidence;

d) The first petitioner (accused) shall not commit any offence or indulge in any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is closed in so far as the second petitioner (accused No. 4) is concerned as he is not an accused in the case and it is allowed in the manner indicated above in so far as it relates to the first petitioner (accused).