High CourtsSingle Bench(2010) 12 KL CK 0156

Anzar vs The State of Kerala

High Court Of Kerala · Decided on 14 December 2010

HON’BLE JUDGES
Sasidharan Nambiar, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 8022 of 2010

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Judgment

7 paragraphs · 273 words

M. Sasidharan Nambiar, J.—Petitioner is the third accused in Crime No. 736/2010 of Mangalapuram Police Station, registered for the offence u/s 379 read with Section 34 of Indian Penal Code. Petitioner was arrested on 20.11.2010 and since then, he is in custody. First accused is involved in other crimes also and was already arrested and he is in custody. Accused 2 and 4 are yet to be arrested. Though Petitioner sought bail, by Annexure-A order, learned Judicial First Class Magistrate-II, Attingal dismissed the petition.

2.

Learned Counsel appearing for the Petitioner submitted that as Petitioner has been in custody from 20.11.2010 and Petitioner was granted on police custody and that period is already over, it is not in the interest of justice to detain him further.

3.

Learned Public Prosecutor also submitted that Petitioner was obtained on police custody and was questioned and in such circumstances, on sufficient conditions, Petitioner could be released on bail.

4.

Petition is allowed. Judicial First Class Magistrate-II, Attingal is directed to release the Petitioner on bail on executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions:

1.

Petitioner shall appear before the Investigating Officer every Monday between 10 and 11 a.m. for three weeks and thereafter as and when required by the Investigating Officer.

2 Petitioner shall not interfere with the investigation and shall not influence, induce or threaten any person from disclosing the facts known to him to the Investigating Officer.

3 Petitioner shall not leave India without the previous permission of the learned Magistrate.