Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE11H DAYOF MARCH201420TH PHALGUNA, 1935 Bail Appl..No. 1509 of 2014 () ------------------------------- AGAINST THE ORDER
/JUDGMENT
IN CRMC422014 of D.C.& SESSIONS COURT,MANJERI DATED2901-2014 CRIME NO. 9/2014 OF PERINTHALMANNA POLICE STATION, MALAPPURAM ACCUSED(S)/PETITIONERS/ACCUSED1 2, 3, 5, 6 AND7 ---------------------------------------------------------------------------------------------------- 1. MOHAMMED RIYAS S/O.MAMMU, PUTHANPEEDIKA HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT.
2. CHATHAPPAN, AGED46YEARS S/O.CHELLI, KUNNUMMAL HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT.
3. ABDUL LATHEEF AGED37YEARS S/O.MAMMU, PUTHANPEEDIKA HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT.
4. SHAREEF,AGED29YEARS S/O.SYDE, PUTHANPEEDIKA HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT.
5. SAJI MON, AGED20YEARS S/O.CHATHAPPAN, KUNNUKKAL HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT.
6. RAMACHANDRAN @ KURUMBAN, AGED38YEARS KUNNUMMAL HOUSE, ARAKKUMPARAMBA P.O. MALAPPURAM DISTRICT. BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SMT.T.JISHARAJ COMPLAINANT(S)/RESPONDENT/COMPLAINANT: ---------------------------------------------------------------------------- STATEOF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1103-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN J.
............................................................................ Criminal M.C.No.1509 of 2014 ............................................................................ Dated this, the 11th day of March 2014 Order The petitioners are some of the accused in Crime No.9 of 2014 of Perinthalmanna Police Station. The offences alleged against them are punishable under Ss.143, 147, 148, 324, 452, 427, 506(2) and 308 r/w S.149 IPC. It is alleged that these petitioners and the other accused persons formed themselves into an unlawful assembly at about 1.15 pm on 01.01.2014, carrying deadly weapons like iron rod, sword etc., trespassed into the house of the defacto complainant, attacked him and also caused damage to his motor cycle. Apprehending arrest, this petition is filed.
2. The learned Public Prosecutor submits that 11 persons have sustained injuries in the incident. Out of them, two or three sustained serious injuries on their head and other parts.
3. The learned counsel for the petitioners submits that a crime was registered against the defacto complainant and others as Crime No.8/14 for the offences punishable under Crl.MC No.1509/14 2 Ss.326 and 307 IPC and also under Section 3(2)(v) of the Scheduled Caste Scheduled Tribe Prevention of Atrocities Act. Similar serious injuries were sustained by persons belonging to the petitioners' group as well. It is further submitted by the learned counsel that there was a civil suit pertaining to a right of way and that suit is almost settled. Considering all the aspects, the following directions are issued: The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation, the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum each to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. Crl.MC No.1509/14 3 b. The accused shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Wednesdays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offences involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The accused shall not leave the State of Kerala without permission of the court. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.Balakrishnan, Judge. sta Crl.MC No.1509/14 4 Crl.MC No.1509/14 5