Allowed

Abdul Samad v. Sub Inspector of Police & Another

Kerala HC22 Oct 2009Bail Appl./4652/2009

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to a petitioner accused of various offences under the IPC. The grant was conditioned upon the petitioner reporting periodically and following specific conduct restrictions.

What did the court decide?

Anticipatory bail granted; direction to police to release on bail of Rs. 25,000 with sureties upon arrest subject to reporting conditions.

Abdul Samad Vs Sub Inspector of Police & Another — Anticipatory Bail | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931

¶4

Bail Appl..No. 4652 of 2009

¶5

CRIME NO.331 OF 2008 OF THALASSERY POLICE STATION

¶6

PETITIONER/3RD ACCUSED

¶7

¶8

ABDUL SAMAD, S/O.KHALID, AGED 22 YEARS, 'SAMEERAS', OLAYAMBALAM, PINARAYI P.O., THALASSERY.

¶9

BY ADV. SRI.CIBI THOMAS

¶10

RESPONDENTS: COMPLAINANT/STATE

¶11

¶12

THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION.

¶13

STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶14

PUBLIC PROSECUTOR SRI.M.S.BREEZ

¶15

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

K.T.SANKARAN, J.

¶17

B.A. NO. 4652 OF 2009

¶18

Dated this the 22^nd day of October, 2009

¶19

O R D E R

¶20

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.331 of 2008 of Thalassery Police Station, Kannur District.

¶21

The offences alleged against the accused persons are under Sections 341, 343, 379, 384, 354, 506(ii), 365 and 120B read with Section 34 of the Indian Penal Code.

¶22

When the Bail Application came up for hearing on 8.10.2009, the following order was passed:

¶23

After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear

¶24

B.A. NO. 4652 OF 2009

¶25

:: 2 ::

¶26

before the investigating officer at 9 AM on 15^th and 16^th October, 2009.

¶27

Post on 22.10.2009.

¶28

It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.331 of 2008 of Thalassery Police Station, Kannur.”

¶29

It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 8.10.2009 has been complied with by the petitioner.

¶30

Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 8.10.2009 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

¶31

B.A. NO. 4652 OF 2009

¶32

:: 3 ::

¶33

a) The petitioner 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;

¶34

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

¶35

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

¶36

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

¶37

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

¶38

The Bail Application is allowed to the extent indicated above.

¶39

(K.T.SANKARAN) Judge

¶40

ahz/

Abdul Samad v. Sub Inspector of Police & Another

Case brief

What is this about?

What did the court decide?

Abdul Samad v. Sub Inspector of Police & Another

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

Coram

Case details

Similar cases

Jayas.K.J Vs State of Kerala

Thomas Vs State of Kerala

M.K.Chellappan Nair & Another Vs State of Kerala

Sumesh K.G. and Others Vs State of Kerala Rep.by Public Prosecutor

Unnikrishnan.M.S. Vs State of Kerala

Ravi Vs State of Kerala