Partly allowed

Yousuf and Others v. State of Kerala

Kerala HC6 Apr 2009Bail Appl./574/2009

Case brief

AI extract

What is this about?

A five-accused individual sought anticipatory bail in a criminal case involving offences under the Indian Penal Code. The Court rejected bail for the second petitioner as he was not wanted. Bail was granted to the other four accused subject to surrender for interrogation and specific conditions, leading to further consideration by a Magistrate.

What did the court decide?

Anticipatory bail granted to petitioner Nos. 1, 3, 4, and 5 upon surrendering for interrogation and executing bond conditions; petition of petitioner No. 2 dismissed.

Yousuf 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 V.RAMKUMAR

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MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931

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Bail Appl..No. 574 of 2009()

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---------------------------CRIME NO. 23/2009 OF BAKEL POLICE STATION

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PETITIONER (S): ACCUSED; ----------------------------

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YOUSUF, AGED 20 YEARS, BARA, P.O.UDUMA.

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ABOOBACKER, AGED 45 YEARS, S/O.ABDUL RAHMAN, BARA, P.O.UDUMA.

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ABDUL RAHMAN @ ANDUMAYI, AGED 24 YEARS, S/O.ABDULLA, DELI HOUSE, BARA, P.O.UDUMA.

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SHAMSUDHEEN M.B., AGED 46 YEARS, S/O.ABDUL RAHMAN, N.B.HOUSE, BARA, P.O.UDUMA.

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FAIZAL, S/O.HANEEFA, AGED 20 YEARS, BARA, P.O.UDUMA.

BY ADV. SRI.S.RAJEEV

RESPONDENT(S):

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 23/2009 OF BAKEL POLICE STATION). PUBLIC PROSECUTOR SRI. M.S. BREEZ

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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B.A. No. 574 of 2009

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6^th day of April, 2009

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O R D E R

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Petitioners who are the accused in Crime No.23/2009 of Bakel Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with section 149 IPC, seek anticipatory bail.

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The learned Public Prosecutor submitted that that no crime has been registered against 2^nd petitioner and that he is not wanted in connection with the allegations in the petition. If so, the apprehension of arrest and harassment entertained by the 2^nd petitioner is unfounded. His prayer for anticipatory bail is rejected.

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I am inclined to grant anticipatory bail to petitioners 1, 3, 4 and 5 who are accused Nos. 2 to 5. They are directed to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners 1,3,4 and 5 shall surrender before the investigating officer on 15-4-2009 or on 16-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1, 3, 4, and 5 shall thereafter be produced on

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BA 574/09 -2-

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the same day before the Magistrate concerned. On being convinced that the petitioners 1, 3, 4 and 5 have been interrogated by the police, the Magistrate shall release them on bail on their executing a bond for Rs. 25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions:-

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