Allowed

Ameer and Another v. State of Kerala

Kerala HC5 Mar 2010Bail Appl./514/2010

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two accused persons in a criminal case alleging culpable hurt and voluntarily causing grievous hurt. The court noted compliance with prior directions to appear before the investigating officer and granted bail on personal recognisance with sureties.

What did the court decide?

Bail application allowed; petitioners to be released on bail bond of Rs. 15,000/- each with two solvent sureties for like amount, subject to conditions of appearance and conduct.

Ameer and Another Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

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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 5TH MARCH 2010 / 14TH PHALGUNA 1931

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Bail Appl..No. 514 of 2010() --------------------------------CRIME NO. 35/2010 OF CHERANELLOOR POLICE STATION ....................

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PETITIONERS/ACCUSED :

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---------------------------

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1. AMEER, S/O. SAID MOHAMMED, AGED 24, KURUPPUMVEEDU (H), CHERANELLOOR.

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2. FAISAL, S/O.JAMAL, AGED 28, KILIMANAGALATHU HOUSE, CHERANELLOOR.

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BY ADV. SRI.K.R.VINOD

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RESPONDENT:

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---------------

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STATE OF KERALA, REPRESENTE BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY SRI. M.S.BREEZ PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 514 of 2010

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Dated this the 5^th day of March, 2010

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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.3 and 4 in Crime No.35/2010 of Cheranelloor Police Station, Ernakulam.

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The offences alleged against the petitioners are under Sections 324 and 308 read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for hearing on 08.02.2010, the following order was passed:

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“After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 15^th and 16^th February, 2010.

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B.A. No. 514 /2010 2

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Post on 22.02.2010.

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It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.35/2010 of Cheranelloor Police Station, Ernakulam.

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The petitioners shall produce copy of this order before the investigating officer.

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Hand over copy to both sides.”

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It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 08.02.2010.

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Taking into account the facts and circumstances of the case, the nature of the offence 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.15,000/- 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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B.A. No. 514 /2010 3

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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;

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B) The petitioners shall appear before the investigating officer for interrogation as and when required;

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C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence.

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D) The petitioners 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

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above.

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K.T. SANKARAN, JUDGE

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Ameer and Another v. State of Kerala

Case brief

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Ameer and Another v. State of Kerala

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