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NASER, AGE 29/07 versus STATE OF KERALA REP.BY OF

High Court of Kerala

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NASER, AGE 29/07 v. STATE OF KERALA REP.BY OF - Bail Appl No. 5052 of 2007 [2007] RD-KL 16204 (21 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5052 of 2007()

1. NASER, AGE 29/07,
... Petitioner

2. SISKO MANJU @ ABDUL RAHMAN,

3. ABDUL VINSER,

4. JAMAL @ ISMAIL,

5. KURUKKAN RAZAK @ ABDUL RAZAK,

Vs

1. STATE OF KERALA REP.BY OF
... Respondent

For Petitioner :SRI.T.B.SHAJIMON

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :21/08/2007

O R D E R

R.BASANT, J

B.A.No.5052 of 2007

Dated this the 21st day of August, 2007

ORDER

Petitioners are accused 1 to 5 in a crime registered for offences punishable, inter alia, under Sections 452 and 324 r/w 149 I.P.C. The alleged incident took place on 21.05.07. The F.I.R is seen registered only on 21.07.07. The crux of the allegations is that the accused persons on account of animosity arising from an earlier incident had allegedly trespassed into the house of the defacto complainant and indulged in wanton criminal acts. They were armed with dangerous weapons also, it is alleged.

2. The learned counsel for the petitioners submits that the allegations are totally false. They are belated and are raised with oblique motives. No satisfactory explanation is offered as to why no complaint is filed for a period of two months, submits the learned counsel for the petitioners.

3. The learned Public Prosecutor does not oppose the prayer for anticipatory bail and in the circumstances to which I have made brief reference already, I am satisfied that the petitioners can be granted anticipatory bail. No further detailed discussion appears to be necessary. B.A.No.5052 of 2007 2

4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C.

i) The petitioner shall appear before the learned Magistrate at 11 a.m on 30.08.2007. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 31.08.2007 and 01.09.2007 and thereafter between 10 a.m and 12 noon on all Mondays for a period of one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 30.08.07 as directed in clause (1) above, he shall be released from B.A.No.5052 of 2007 3 custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 30.08.07.

(R.BASANT, JUDGE)

rtr/-


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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