Judgment:
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. 894 of 2014 () ------------------------------ CRIME NO. 29/2014 OF BADIADUKA POLICE STATION, KASARAGOD DISTRICT ------------------ PETITIOENR/ACCUSED : ------------------------------------ JAFFER SADIQUE, AGED33YEARS S/O.POOKOYA THANGAL, RESIDING AT SHANTHIPALLAM HOUSE KUMBALA P.O., KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT/STATE : ---------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1202-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J --------------------------------------- B.A.No.894 of 2014 ---------------------------------------- Dated this the 12th day of February, 2014 ORDER
Petitioner is accused in Crime No.29 of 2014 of the Badiadka Police Station for the offences punishable under Sections 506 and 308 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 14-01-2014 at about 12.30 p.m., the petitioner drove his car against the defacto complainant in an attempt to kill him and threatened him with death.
3. Learned counsel submits that the allegations are not true. It is submitted that the allegation that the petitioner drove his car towards the defacto complainant who was taking part in a procession is unbelievable.
4. Learned Public Prosecutor responds that the petitioner was standing on the road side as it appears from the F.I. statement.
5. Since custodial interrogation of the petitioner is not required and the petitioner is not reported to be involved in any other case, hence, I am inclined to grant relief. Application is allowed as under: B.A.No.894 of 2014 2 (i) Petitioner shall surrender before the Officer investigating Crime No.29 of 2014 of the Badiadka 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply. (iii) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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 the petitioner. (b) Petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months or until filing of the final report, whichever is earlier. (c) Petitioner shall report to the officer investigating the B.A.No.894 of 2014 3 case 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 or influence the witnesses. (v) In case the petitioner violates any of condition Nos. (b) to (e), bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K.Shaji Vs. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge