Abdul Jaffer Vs. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Bail Appl..No. 8654 of 2013 () ------------------------------- CRIME NO. 1459/2013 OF MANNARKKAD POLICE STATION, PALAKKAD PETITIONERS/ACCUSED NOS.5 & 8: -------------------------------- 1. ABDUL JAFFER, AGED30YEARS S/O.MUHAMMAD, KOORIKKADAN, KOMBAM MANNARKKAD, PALAKKAD DISTRICT.

2. SUNIL, S/O.VELAYUDHAN, PERIMBADARI, MANNARKKAD, PALAKKAD DISTRICT. BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT/STATE: ------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE STATION HOUSE OFFICER, (CRIME NO.1459 OF 2013 OF MANNARKKAD POLICE STATION) PALAKKAD DISTRICT - 678 001. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smv THOMAS P. JOSEPH, J.

========================= Bail Application No. 8654 of 2013 ============================ Dated this the 2nd day of January, 2014

Petitioners are accused Nos. 5 and 8, in Crime No.1459 of 2013 of the Mannarkkad police station for the offences punishable under Secs143, 147, 148, 294(b), 324 and 308 r/w.Sec149 of the Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 26.10.2013 at about 06:45 P.M. The petitioners pelted stones at the office of the IUML. Had the stone hit the de facto complainant, it would have caused his death.

3. Learned counsel submits that the allegations are not true. It is also submitted that to some of the accused, this court granted relief as per Order dated 16.12.2013 in B.A. No. 8314 and 8373 of 2013. B.A No. 8654 of 2013 2 4. Having heard both sides and having regard to the nature of the incident, I am inclined to extend the same relief to these petitioners as well. Application is allowed as under:

1. Petitioners shall surrender before the officer investigating Crime No. 1459 of 2013 of the Mannarkkad police station on 08.01.2014 at 10:00 a.m. 2) In case interrogation is not completed that day, the said officer can direct the petitioners to appear before him on any other date/dates and time which the petitioners shall comply. 3) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day. 4) On such production, the petitioners shall be released on bail if not required to be detained otherwise on his executing bond for Rs. 15,000/- (Rupees Fifteen thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) Petitioner shall report to the investigating officer on every Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. B.A No. 8654 of 2013 3 b) Petitioners shall report to the investigating officer as and when required for interrogation. c) Petitioners shall not intimidate/influence the witnesses. d) Petitioners shall not get involved in any offence during the period of this bail. e) It is made clear that in case any of condition Nos. (a) to (d) 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 committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv