IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE12H DAY OF FEBRUARY201423RD MAGHA, 1935 Bail Appl..No. 873 of 2014 () ------------------------------ CRIME NO. 215/2014 OF CHAVAKKAD POLICE STATION , TRISSUR PETITIONERS/ACCUSED1TO5 --------------------------- 1. HAMEED AGED28YEARS S/O.SULAIMAN, KURIKKALAKATH HOUSE, EDAKKAZHIYOOR P.O. 680 515, THRISSUR DISTRICT.
2. SHAFI AGED32YEARS S/O.MOIDUNNI, KARUTHAAKA HOUSE, EDAKKAZHIYOOR P.O. 680 515, THRISSUR DISTRICT.
3. NOUFAL AGED30YEARS S/O.SULAIMAN, KURIKKALAKATH HOUSE, EDAKKAZHIYOOR P.O. 680 515, THRISSUR DISTRICT.
4. SHAHIR AGED20YEARS S/O.MOIDUNNI, KARUTHAAKA HOUSE, EDAKKAZHIYOOR P.O. 680 515, THRISSUR DISTRICT5 ASHRAF AGED32YEARS S/O.SULAIMAN, KURIKKALAKATH HOUSE, EDAKKAZHIYOOR P.O. 680 515, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT/COMPLAINANT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-6832 031.
2. THE SUB INSPECTOR OF POLICE CHAVAKKAD POLICE STATION, CHAVAKKAD P.O., THRISSUR. BY PUBLIC PROSECUTOR: ADV LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1202-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.873 of 2014 ============================ Dated this the 12th day of February, 2014 ORDER
Petitioners are accused Nos.1 to 5, in Crime No.215 of 2014 of the Chavakkad Police Station for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 506(ii) and 307 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 26.01.2014 at about 5 p.m, the petitioners attacked the de facto complainant and others with iron pipe, punching block, granite stones etc,. Granite stones are recovered but other weapons are not yet recovered. The de facto complainant and others are involved in several cases and created the commotion in a marriage party. They attacked the petitioners.
3. I have heard the learned counsel for the petitioners also.
4. I have gone through the CD file including the wound certificate of the de facto complainant and others.
5. Having regard to the relevant circumstances, I am inclined to grant relief but subject to conditions as investigation cannot be affected. B.A.No.873 of 2014 2 Resultantly this application is allowed as under: (i) Petitioners shall surrender before the officer investigating Crime No.215 of 2014 of the Chavakkad Police Station on 18.02.2014 at 10 a.m for interrogation. (ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply. (iii) Petitioners shall co-operate with the investigation of the case. (iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day. (v) On such production the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for `25,000/- (Rupees Twenty Five 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) One of the sureties shall be a close relative of any of the petitioners. (b) Petitioners shall report to the officer investigating Crime No.215 of 2014 of the Chavakkad Police Station on every Saturday between B.A.No.873 of 2014 3 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier. (c) Petitioners shall report to the Investigating Officer as and when required for interrogation. (d) Petitioners shall not get involved in any offence during the period of this bail. (e) Petitioners shall not intimidate or influence the witnesses. (f) In case the petitioners violate any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR2006SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge