IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE7H DAY OF JANUARY201417TH POUSHA, 1935 Bail Appl..No. 8708 of 2013 (A) ------------------------------------------- [CRIME NO. 1638/2013 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA DISTRICT] ................ PETITIONERS/ACCUSED: ------------------------------------ 1. ABDUL LATHEEF, AGED25 PARAMBIL PEEDIKA, MALAPPURAM P.O, MALAPPURAM.
2. MUHAMMED SHANID, AGED23 KURIKKALS HOUSE, WANDOOR P.O, MALAPPURAM.
3. ABUL ABDUL KHADER, AGED26 CHARIVUPURAYIDOM, THONNIAMALA P.O, VETTIPPURAM. BY ADV. SRI.S.DHEERENDRAKUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0701-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.8708 of 2013 -------------------------------------------- Dated this the 7th day of January 2014 ORDER
Petitioners are accused in Crime No.1638 of 2013 of the Pathanamthitta Police station for the offences punishable under Secs.143, 147, 148, 294(b), 427, 452 and Sec.3(a) of the Explosive Substance Act, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on the relevant date and time, petitioners committed mischiefs in the college, ladies hostel etc. and used crackers.
3. Learned counsel submits that the allegations are false and to some of the accused involved in the same case, this Court has granted relief vide annexure A-1 order.
4. Having heard both sides, I am inclined to grant the same relief to the petitioners also. The application is disposed of as under.
1. Petitioners shall surrender before the Bail Appl. No.8708 of 2013 2 officer investigating Crime No.1638 of 2013 of the Pathanamthitta Police station on 13.01.2014 at 10.00 a.m. for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, the learned magistrate shall release the petitioners on bail ( if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees twenty 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) whether or not he/she has landed Bail Appl. No.8708 of 2013 3 property, one of the sureties shall be the father/mother/brother of each of the petitioners. b) Petitioners shall deposit Rs.10,000/- (Rupees ten thousand only) each in their name in a nationalised bank (initially for a period of two years and renewable as per order of the learned magistrate) and produce the fixed deposit receipts before the learned magistrate while executing the bail bonds. c) In case the case is decided against the petitioners or any of them and they are made liable to pay compensation, such compensation to the extent possible could be realised from the amount in deposit. d) Petitioners shall report to the officer investigating Crime No.1638 of 2013 of the Pathanamthitta Police station on every alternate Saturdays between 10.00 am and 12.00 pm for a period of two months or until Bail Appl. No.8708 of 2013 4 filing of the final report, whichever is earlier. e) Petitioners shall report to the investigating officer as and when required for interrogation. f) Petitioners shall not get involved any offence during the period of this bail. g) Petitioners shall not influence or intimidate the witnesses. h) In case any of condition nos.(d) to (g) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge