Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE4H DAY OF DECEMBER201313TH AGRAHAYANA, 1935 Bail Appl..No. 7835 of 2013 () ------------------------------- CRIME NO. 1396/2013 OF TIRUR POLICE STATION, MALAPPURAM ----- PETITIONER/1ST ACCUSED: ---------------------- MANSOOR, AGED30YEARS S/O. BASHEER, CHERIYADAN HOUSE, CHERUSSOLA P.O., SOGATHAMADU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT/COMPLAINANT: ---------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0412-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP THOMAS P. JOSEPH, J.
========================= Bail Application No.7835 of 2013 ============================ Dated this the 4th day of December, 2013 ORDER
Petitioner is the first accused, in Crime No.1396 of 2013 of the Tirur police station for the offences punishable under Secs. 341, 323, 324 and 308 r/w. Sec.34 of the Penal Code, apprehends arrest and has filed this application.
2. Learned public has submitted that on 01.10.2013 at about 06:00 p.m., the petitioner and the second accused attacked the de facto complainant knowing that the latter is suffering from kidney disease.
3. Learned counsel submits that petitioner is not involved in the incident and that even as per version of the prosecution, no weapon was (allegedly) used. B.A No.7835 of 2013 2 4. Having regard to the circumstances, I am inclined to grant relief to the petitioner but subject to conditions as the investigation shall not be affected. Resultantly, this application is allowed as under:
1. Petitioner shall surrender before the officer investigating Crime No.1396 of 2013 of the Tirur police station on 11.12.2013 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, it is open to the investigating officer to direct presence of the petitioner before him on other date/dates and time which the petitioners shall comply. 3) In case of arrest, petitioner shall be produced before the jurisdictional magistrate the same day. 4) On such production, the petitioner shall be released on bail (if not required to be detained otherwise) in Crime No.1396 of 2013 of the Tirur police station on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- B.A No.7835 of 2013 3 a) One of the sureties shall be a close relative of the petitioner. b) Petitioner shall report to the Investigating Officer on every Saturday between 10:00 a.m. and 12:00 a.m. for a period of two months or until filing of the final report, whichever is earlier. c) Petitioner shall report to the investigating officer as and when required for interrogation. d) Petitioner shall not get involved in any offence during the period of this bail. e) Petitioner shall not intimidate/influence the witnesses. f) It is made clear that in case any of the above condition is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until commital if any and thereafter before the learned Principal Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv