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SUBAIDA K. versus STATE OF KERALA

High Court of Kerala

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SUBAIDA K. v. STATE OF KERALA - Bail Appl No. 7121 of 2006 [2006] RD-KL 2474 (4 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7121 of 2006()

1. SUBAIDA K., AGED 56 YEARS,
... Petitioner

2. BASHEER K., AGED 53 YEARS,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.M.ASOKAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :04/12/2006

O R D E R

V. RAMKUMAR, J.

B.A.7121 OF 2006 Dt. DECEMBER 4, 2006

ORDER

Petitioners who are accused Nos.1 and 2 in Crime No.244/2006 of Chevayur Police Station, Kozhikode for offences punishable under secs.353 and 379 I.P.C. and secs.126 and 135 of the Indian Electricity Act, 2003 for allegedly indulging in illegal extraction of power to the tune of Rs.1,57,948/- and which was detected on 20.11.2006, seek anticipatory bail.

2. Even though the learned Public Prosecutor opposed the application, having regard to the fact that custodial interrogation of the petitioners may not be necessary and having regard to the further fact that the conditions to be imposed hereinafter will adequately safeguard the interests of the prosecution as well, I am inclined to grant anticipatory bail to the petitioners.

3. Accordingly a direction is issued to the Station House Officer, Chevayur Police Station to release the petitioners on bail in the event of their arrest in connection with the aforesaid crime on each of them executing a bond for Rs.10,000/- (ten thousand) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:- B.A.7121/2006 2

1. The petitioners shall deposit before the concerned officer of the K.S.E.B. a sum of Rs.25000/- (twenty five thousand) towards their liability within two weeks from today.

2. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

3. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.

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

5. Petitioners shall not commit any offence while on bail.

6. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above.

(V.RAMKUMAR, JUDGE)

mt/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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