Allowed

Arif v. State of Kerala

Kerala HC17 Mar 2008Bail Appl./1463/2008

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to five accused persons facing charges under IPC sections including rioting and voluntarily causing hurt via Section 149. Bail granted for one month subject to bonds, police reporting, and surrender for regular bail.

What did the court decide?

Bail granted for one month; bond for Rs. 10,000 with two sureties; condition to surrender for regular bail.

Arif Vs State of Kerala — Anticipatory Bail | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929

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Bail Appl..No. 1463 of 2008()

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CRIME NO. 155/2008 of KASARAGOD POLICE STATION

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PETITIONERS/ACCUSED

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ARIF, AGED 21 YEARS, S/O.MOHAMMED RAHAMANIYA MANZIL, BILLAL NAGAR ULIYATHADKA, P.O.MADHUR.

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KHABEER, AGED 19 YEARS, S/O.MOHAMMED RAHAMANIYA MANZIL, BILLAL NAGAR ULIYATHADKA, P.O.MADHUR.

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ANWAR THASAREEF, AGED 19 YEARS S/O.ABDULRAHIMAN, R/AT BOOD HOUSE, P.O.PATTA KASARAGOD DISTRICT.

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RIYAS, AGED 23 YEARS, S/O.ABDULRAHIMAN R/AT BOOD HOUSE, P.O. PATTA, KASARAGOD DISTRICT.

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FATHIMMA, AGED 50 YEARS, W/O.MOHAMMED RAHAMANIYA MANZIL, BILLAL NAGAR, ULIYATHADKA P.O.MADHUR

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BY ADV. SRI.T.SETHUMADHAVAN

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SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.155/2008 OF KASARAGOD POLICE STATION)

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BY ADV. SRI. JAI GEORGE, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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===================== Bail Application No. 1463 of 2008 ======================

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Dated this the 17^th day of March, 2008

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O R D E R

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In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused Nos. 1 to 5 in Crime No.155 of 2008 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 452, 427 and 506(2) r/w Section 149 I.P.C., seek anticipatory bail.

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I heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions:

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B.A. No. 1463/2008

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: 2:

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Petitioners 1 to 4 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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Petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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Petitioners shall not commit any offence while on bail.

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Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This application is allowed as above.

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V.RAMKUMAR, JUDGE.

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Arif v. State of Kerala

Case brief

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Arif v. State of Kerala

Case brief

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What did the court decide?

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