Allowed

Sheikh Anwar v. State of Kerala

Kerala HC13 Mar 2008Bail Appl./1492/2008

Case brief

AI extract

What is this about?

The court granted regular bail to three petitioners in a criminal case involving section 394 IPC. Bail was allowed on condition of executing bonds, appearing for interrogation on specified days, and restricting movement within the Thrissur Sessions division.

What did the court decide?

Enlargement on bail on terms of executing bonds, appearing for interrogation twice a week, and not leaving the Sessions division except for specific travel permissions.

Sheikh Anwar Vs State of Kerala — Bail and Remand | 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 R.BASANT

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TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929

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Bail Appl..No. 1492 of 2008()

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----------------------------CRIME 757/07 OF THRISSUR EAST POLICE STATION

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PETITIONER

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SHEIKH ANWAR, AGED 21 YEARS, S/O.ASHKAR ALI, 29 B/1,RAMAKRISHNA ROAD, HUGLI DISTRICT (SREERAMPUR POLICE STATION) WEST BENGAL.

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BY ADV. SRI.JYOTHISH.J.KALLINGAL

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE THRISSUR TOWN EAST POLICE STATION,THRISSUR THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.3.08, ALONG WITH BA.1559/08 THE COURT ON 11/03/2008 PASSED THE FOLLOWING:

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R. BASANT, J.

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B.A. Nos. 1492 and 1559 OF 2008 F

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Dated this the 11^th day of March, 2008

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O R D E R

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These applications are for regular bail. Petitioners are accused Nos.1, 4 and 5. They face allegations in a crime registered alleging offences punishable, inter alia, under section 394 IPC. I have already adverted to the facts in detail in the order dated 21.2.08 in BA.799/08. The petitioners were arrested on 6.12.07 and 10.12.07. The period of 90 days has already elapsed from the date of first remand so far all the three petitioners are concerned. It is not necessary to advert to the facts in any greater detail in this order. This order must be read in continuation of the said order.

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The period of 90 days from the date of first arrest having already expired and the final report having not been filed so far, the learned Public Prosecutor does not oppose the applications for regular bail but prays that appropriate

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BA.1492&1559/08

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: 2 :

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and strict conditions may be imposed on the petitioners to ensure their presence at the stage of trial and also in the interests of a fair, proper and efficient investigation.

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In the result, these petitions are allowed. The

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petitioners shall be enlarged on bail on the following terms and conditions:-

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i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

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ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so.

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iii) The petitioners shall not leave the Sessions division of Thrissur during the said period of three months.

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The learned counsel for the petitioners prays and

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BA.1492&1559/08

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: 3 :

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accordingly it is directed that condition Nos.(ii) and (iii) shall not curtail the liberty of the 5^th accused to proceed to his place of residence in West Bengal between 13.3.08 and 28.3.08 as he wants to attend the wedding of his brother which is scheduled to take place on 16.3.08. Thereafter, he shall continue to comply with the conditions imposed.

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(R.BASANT, JUDGE)

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aks

Sheikh Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheikh Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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