Kerala High Court

Crl.MC/4227/2009 of VAHAB Vs STATE OF KERALA on 30 December 2009

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4227 of 2009() ------------------------- CRIME NO.1827 OF 2009 OF NORTH PARAVUR POLICE STATION PETITIONER: ------------------- VAHAB, AGED 30 YEARS,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931

Crl.MC.No. 4227 of 2009()

-------------------------

CRIME NO.1827 OF 2009 OF NORTH PARAVUR POLICE STATION

PETITIONER:

-------------------

VAHAB, AGED 30 YEARS,

S/O. SULTAN MOIDEEN, KANJIRAPPARAMBIL HOUSE, VEDIMARA KARA, N.PARAVUR.

BY ADV. SRI.S.RAJEEV

RESPONDENT:

---------------

STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

(CRIME NO.1827 OF 2009 OF NORTH PARAVUR POLICE

STATION).

BY PUBLIC PROSECUTOR SRI. C.M. KAMAPPU

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

P.Q. BARKATH ALI, J.

- - - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2009

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O R D E R

Petitioner is the 4[th] accused in Crime No.1827/09 of North Paravur Police Station. The allegation against the accusedpersons is that they have committed offences punishable underSections 109, 120B, 343, 365, 366(A) r/w Section 34 IPC. TheSessions Court, Ernakulam by order in Crl.M.C No.2383/09 dated22.12.09 released the petitioner on bail on the followingconditions:

“1. The petitioner shall co-operate with the investigation of the case.

2. He will appear before the investigating officer on every Sunday between 10 a.m. and 12 p.m. for aperiod of two months and thereafter once in a month tillthe final report is filed.

3. While on bail, the petitioner shall not leave theterritorial limits of Ernakulam District without gettingthe permission of the Magistrate Court concerned.

4. He shall not be found involved in any othercrime.

5. If the petitioner is having a Passport, he shall Crl.M.C. No.4227 of 2009

surrender it before the Magistrate Court concerned within one week after his release on bail and if he is nothaving such a passport, the petitioner shall file anaffidavit to that effect before the Magistrate Court.”

2. It is seen from Annexure I order , i.e. order dated 21.12.09 of Division Bench of this Court in WP(Crl.) No.519/09that, the matter has been settled between the parties. ThereforeI feel that the conditions imposed by the learned Sessions Judgeat the time of granting bail can be deleted.

In the result, the petition is allowed. The conditionsimposed by the Sessions Court at the time of granting bail to thepetitioner by the impugned order in Crl.M.C No.2383/09 dated22.12.09, are deleted.

P.Q. BARKATH ALI, JUDGE

ttb

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