IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3421 of 2011() --------------------------------------- CRIME NO.49/2011 OF MANKADA POLICE STATION,MALAPAURAM DISTRICT. .......... APPLICANT/5TH ACCUSED ----------------------------------------- HASSAN ALIAS AZEEZ, S/O POCKER, PARRAKKAL HOUSE, CHITTANDA POST, THRISSUR DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE SUB INSPECTOR OF POLICE MANKADA POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SMT.LATHA THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.3421 OF 2011 --------------------------------------- Dated this the 10th day of May, 2011 ORDER Petitioner is the 5th accused in Crime No.49/2011 of Mankada Police Station, Malappuram District. It was registered under Section 498A read with Section 34 IPC. This application is for pre-arrest bail. Considering all these aspects directions are issued as stated below. The accused shall surrender before the learned Judicial First Class Magistrate-II, Perinthalmanna within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the accused is arrested he shall be released on bail on his executing a bond for Rs.75,000/- with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties B.A.No.3421/11 2 and anticipatory bail is granted on the following conditions. 1. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 2. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 3. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 4. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court-II, Perinthalmanna without the prior permission of the learned B.A.No.3421/11 3 Magistrate. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3421/11 4