Anas Basgeer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 8623 of 2014 () ------------------------------- CRIME NO. 268/2014 OF KUNDARA POLICE STATION, KOLLAM -------------- PETITIONER/1ST ACCUSED :

---------------------------------------- ANAS BASHEER, AGED 25 YEARS, S/O. BASHEER PARAVILA PADINJATTATHIL (SABEELA MANZIL) CHATHINAMKULAM, CHANDANATHOPPU P.O., KOLLAM.

BY ADVS.SRI.K.SIJU SRI.S.ABHILASH RESPONDENT :

-------------------- STATE OF KERALA THROUGH THE S.I. OF POLICE, KUNDARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. MADHUBEN M.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K.P. JYOTHINDRANATH, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

This is an application filed under Section 438 of the Code of Criminal Procedure.

2.

The case of the petitioner is that the petitioner is the husband of the defacto complainant in crime No.268/2014 of Kundara Police Station, where the major offence alleged is under Section 498A of I.P.C. It is the further submission that accused Nos.2 to 4 are already granted bail. It is also submitted that the relationship with the defacto complainant was strained and as an experiment, this crime got registered by the police.

3.

After hearing the learned Public Prosecutor and also considering the fact that the custodial interrogation is not warranted in this case, the following order is passed:

1. The petitioner shall appear before the Investigating Officer within 10 days of this order. On such

-2appearance, the Investigating Officer is at liberty to interrogate the petitioner. If the interrogation is not over it can be continued on another day. After interrogation, if the police officer feels that arrest is necessary, he is at liberty to arrest the petitioner. Thereafter the petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned.

2. After release on bail, the petitioner shall appear before the Investigating Officer on all Saturdays in between 9 a.m and 12 noon for a period of two months.

3. The petitioner shall not commit any offence during the bail period.

4. The petitioner shall co-operate with the investigation. 5.

The petitioner shall not influence or intimidate the witnesses.

-3On the above conditions, this anticipatory bail application is allowed.

Sd/- K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/