IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 2625 of 2008 ------------------------------------- (CRIME NO. 239/08 OF MALAPPURAM POLICE STATION) PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------------------------- 1. SHAFI, S/O.ABU, VADKKINAKATH HOUSE. PONMALA, PALLIPADY, MALAPPURAM DIST. 2. SADIQ, S/O.MUHAMMED, PULLASSERY HOUSE, PONMALA, PALLIPADY, MALAPPURAM DIST. 10. SHAFI, S/O.VADAKKINAKATH HOUSE PONMALA, PALLIPADY, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENT/STATE ------------------------------------------------------ THE STATE OF KERALLA, REP. BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application NO. 2625 of 2008 - - - - - - - - - - - - - - - - Dated this the 13th day of May, 2008. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 239/2008 of Malappuram Police Station for an offence punishable under Sections 341, 353 and 332 read with Section 34 I.P.C., seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioner and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the officer-in- charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: WPC No. 2625 OF 2008 2 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE. ttb WPC No. 2625 OF 2008 3