Kerala High Court

Bail Appl./7346/2006 of MUHAMMEDKUTTY HAJI @ KUNHUTTY & ANOTHER Vs THE STATE OF KERALA on 26 December 2006

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7346 of 2006() ----------------------------- CRIME NO.495/06 OF THIROORANGADI POLICE STATION. : PETITIONERS ---------------------------- 1.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928

Bail Appl..No. 7346 of 2006()

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CRIME NO.495/06 OF THIROORANGADI POLICE STATION.

: PETITIONERS

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1. MUHAMMEDKUTTY HAJI @ KUNHUTTY,

S/O.KUNHI MOHAMMED, ARAKKALPURAYI, A.R.NAGAR, THIROORANGADI, MALAPPURAM DISTRICT.

2. SALEENA, W/O.MUHAMMEDKUTTY HAJI,

ARAKKALPURAYI, A.R.NAGAR,

THIROORANGADI, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR

RESPONDENTS: STATE

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THE STATE OF KERALA,

REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIROORANGADI POLICE STATION-THROUGH

THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE

V. RAMKUMAR, J.

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BAIL APPLICATION NO. 7346 OF 2006

- - - - - - - - - ----------------------- - - - - - - DATED THIS THE 26TH DAY OF DECEMBER, 2006

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O R D E R

In this Petition filed under Sec.438 Cr.P.C. the petitioners whoare accused Nos. 1 and 2 in Crime No.495/06 of Thiroorangadi PoliceStation for offences punishable under Sections 498A, 324, 406 and420 read with section 34 I.P.C., seek anticipatory bail.

2. I heard the learned counsel for the petitioners and thelearned Public Prosecutor.

3. Having regard to the nature of the allegations levelledagainst the petitioners and the other circumstances of the case, I aminclined to grant anticipatory bail to the petitioners. Accordingly, adirection is issued to the officer-in-charge of the police stationconcerned to release petitioners on bail for a period of one month inthe event of their arrest in connection with the above case on each ofthem executing a bond for Rs.10,000/- with two solvent sureties eachfor the like amount to the satisfaction of the said officer and subject tothe following conditions:

1.1[st] Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on all Wednesdays.

B.A.NO.7346/06

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2. Petitioners shall make themselves available forinterrogation as and when required by the InvestigatingOfficer.

3. Petitioners shall not influence or intimidate theprosecution witnesses nor shall they attempt to tamperwith the evidence for the prosecution.

4. Petitioners shall not commit any offence while onbail.

5. Petitioners shall surrender before the Magistrateconcerned 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.

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