Justice K.T. Sankaran granted anticipatory bail to the petitioner accused in a theft case under Section 379 and 34 IPC, subject to conditions including appearing for interrogation and not tampering with evidence.
Anticipatory bail granted; direction to release on bail with Rs.15,000 bond if arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931
Bail Appl..No. 583 of 2010() ------------------------------------CRIME NO.651/2009 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM.
PETITIONER/ACCUSED:
--------------------------------------SHAFEEQ, S/O.FAROOQ, HOUSE NO.21 E.M.S.COLONY, POOVAR, TRIVANDRUM.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT/COMPLAINANT:
----------------------------------------------STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
SRI. P.A. SALIM, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 583 of 2010
Dated this the 19th day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.651/2009 of Kattakkada Police Station, Thiruvananthapuram.
Section 379 read with Section 34 of the Indian Penal Code.
“ 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 before the investigating officer at 9 A.M. on 8.3.2010 and 9.3.2010. The petitioner
shall produce a copy of the order before the
B.A. No. 583 /2010
2
investigating officer. The petitioner also undertakes
to produce a copy of Annexure A before the investigating officer.
Post on 15.3.2010.
It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.651 of 2009 of Kattakada Police Station.”
petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 3/03/2010.
B.A. No. 583 /2010
3
officer concerned, subject to the following conditions:
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
scm
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner accused under Section 379 IPC.
2 provisions across 2 enactments
Shafeeq
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
