Disposed

Shihab Kadavath and Another v. State of Kerala

Kerala HC22 Jun 2011Bail Appl./4677/2011

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C. regarding offences under the IPC and PDPP Act, the Court held that since the investigation was concluded, anticipatory bail was inappropriate. The petitioners were directed to surrender and apply for regular bail from the trial court.

What did the court decide?

Petitioners directed to surrender and apply for regular bail from the trial court within fourteen days.

Shihab Kadavath and Another Vs State of Kerala — Bail and Remand | Kerala HC (2011)

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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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WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933

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Bail Appl..No. 4677 of 2011()

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----------------------------CRIME NO.138/2010 OF BEKAL POLICE STATION

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PETITONERS/ACCUSED NOS. 2 & 3

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SHIHAB KADAVATH,S/O.ABOOBACKER, KADAVATH HOUSE,MELPARAMB,P.O.KALANAD.

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ASHIB UNDA,S/O.ABDHURAHIMAN,K.D.L.HOUSE, MELPARAMB.

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT: COMPLAINANT

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION, KASARAGOD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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-------------------------Bail Appln.No.4677 of 2011

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Dated this the 22^nd day of June, 2011 ORDER

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In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.2 & 4 in Crime No.138 of 2010 of Bekal Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 332, 308 & 427 read with Section 149 I.P.C. and Section 3(1) of P.D.P.P. Act, seek anticipatory bail.

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The learned Public Prosecutor, on instructions, submitted that after the conclusion of investigation a final report has already been filed before the trial Court. If so, it is not desirable for this Court to grant anticipatory or regular bail to the petitioners with the usual conditions since they cannot be directed to appear before the Investigating Officer after the conclusion of investigation and after the matter is in the seizin of the Court. The appropriate order in such circumstances can only be one to direct the petitioners to seek regular bail from the trial court. Accordingly, the petitioners are directed to surrender before the trial Court and apply for regular bail within 14 days from today. In case the petitioners comply with the above, the Magistrate or the Court concerned shall release the petitioners on bail on inter alia the following conditions:-

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The petitioners shall report before the Chief Ministerial Officer of the court concerned on all Wednesdays between 10 a.m. and 12 noon.

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Bail Appln.No.4677/2011

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: 2 :

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Before executing the bail bond each of the petitioners shall deposit a sum of `300/(Rupees Three hundred only) before the Kasaragod depot of KSRTC towards the loss sustained by the KSRTC Bus.

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The petitioners shall appear before the trial court on all the relevant dates of posting of the case.

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The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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The petitioners shall not commit any offence while on bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This application is disposed of as above.

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Dated this the 22^nd day of June, 2011.

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V.RAMKUMAR, JUDGE

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skj

Shihab Kadavath and Another v. State of Kerala

Case brief

What is this about?

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Shihab Kadavath and Another v. State of Kerala

Case brief

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