Allowed

Musthafa and Others v. State of Kerala

Kerala HC7 Aug 2009Bail Appl./2575/2009

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to four applicants, accused numbers 1 to 4 in Crime No. 255 of 2009 regarding offences under Sections 341, 324, and 308 IPC read with Section 34. The court imposes specific conditions including reporting to the investigating officer and prohibition against tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to conditions including reporting to the investigating officer on Mondays till final report, appearing for interrogation when required, no tampering with evidence, an

Musthafa and Others Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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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 K.T.SANKARAN

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FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931

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Bail Appl..No. 2575 of 2009

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CRIME NO.255 OF 2009 OF VALAPPAD POLICE STATION

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APPLICANTS/ACCUSED NOS. 1 TO 4

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MUSTHAFA, S/O.ABDUL RAHIMAN, PUTHIYAVEETTIL HOUSE, VALAPPAD P.O., THRISSUR.

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BIJESH, S/O.SURESH BABU, PATTALI HOUSE, VALAPPAD P.O., THRISSUR.

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SUDHI, S/O.SURESH BABU, PATTALI HOUSE, VALAPPAD P.O., THRISSUR.

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AMBADI @ RAJESH, S/O.BHAHULEYAN, KUMBALATHOOR HOUSE, VALAPPAD P.O., THRISSUR.

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BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN

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RESPONDENT: COMPLAINANT

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, THRISSUR, S.I. OF POLICE, VALAPPAD.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 2575 OF 2009

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-----------------------------------------------------Dated this the 7^th August, 2009

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.255 of 2009 of Valappad Police Station.

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The offences alleged against the petitioners are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. Originally, the crime was registered against six accused persons under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. Accused Nos.5 and 6 were subsequently deleted and accordingly, Sections 143, 147, 148 and 149 were also deleted. Section 34 was added instead of Section 149.

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I have gone through the case diary. The wound certificate does not disclose any grievous injuries.

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Taking into account the facts and circumstances of the

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B.A. NO. 2575 OF 2009

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:: 2 ::

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case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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

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

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

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

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

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The Bail Application is allowed to the extent indicated above.

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(K.T.SANKARAN) Judge

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ahz/

Musthafa and Others v. State of Kerala

Case brief

What is this about?

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Musthafa and Others v. State of Kerala

Case brief

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What did the court decide?

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