Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE31T DAY OF MARCH201410TH CHAITHRA, 1936 Bail Appl..No. 2198 of 2014 ------------------------------- C.P.NO. 80/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,MATTANNORE CRIME NO. 1155/2012 OF MATTANNUR POLICE STATION , KANNUR ------------------ PETITIONERS/ACCUSED14 TO7 -------------------------------------------------- 1. SHUKKUR.E.K., AGED23YEARS, S/O. ABDUL RAHMAN HAJI, JILAS MANZIL, PALLOTTUPALLI, MATTANNORE P.O.
2. HANEEFA K.P., AGED39YEARS, S/O.T.K.AHAMMEDKUTTY HAJI, MUNEERA MANZIL, PALLOTTUPALLI, MATTANNORE P.O.
3. RUNIYIL ISMAIL PUTHIYAPPA, AGED40YEARS, S/O. IBRAHIM, ALMANAR, PALLOTTUPALLI, MATTANNORE P.O.
4. JAMSHEER, AGED23YEARS, S/O. MAJEED, SALAM MANZIL, PALLOTTUPALLI, MATTANNORE P.O.
5. AFNAS A.T, AGED23YEARS, S/O. MUHAMMED, NAZEEM COTTAGE, PALLOTTUPALLI, MATTANORE P.O. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1155 OF2012OF MATTANNORE POLICE STATION). BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3103-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. THOMAS P. JOSEPH. J.
========================= Bail Application No. 2198 of 2014 ============================ Dated this the 31st day of March, 2014 ORDER
Petitioners are accused 1 and 4 to 7 in Crime No.1155 of 2014 of the Mattannur police station for the offences punishable under Secs.143, 147, 148, 341, 294(b), 323, 324 and 308 r/w. Sec.149 of the Penal Code, apprehends arrest and has filed this application.
2. Application is opposed. It is submitted that on the relevant day and time the petitioners and others attacked the de facto complainant and others with deadly weapons.
3. Learned counsel submitted that against the de facto complainant and others, the police have registered Crime No. 1154 of 2014. The parties have settled that dispute and filed Crl.M.C Nos. 1568 of 2014 and 1580 of 2014 to quash the proceeding. On account of some technical snag, the applications are not disposed of.
4. On hearing both sides, it is revealed that the final B.A. NO. 2198 of 2014 2 report is already filed and the matter is pending in the JFMC, Mattannur as C.P. No. 80 of 2014. In the above stated circumstances, I am inclined to grant relief to the petitioner. Application is allowed as under:
1. Petitioner shall surrender in the JFMC, Mattannur in Crime No.1155 of 2014 of the Mattannur police station (in case the case is already committed, in the committal court concerned) on 07.04.2014 at 11:00 a.m. 3) On such surrender, the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the court concerned magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioner shall report to officer who has investigated the case if and when required in connection with the case. B.A. NO. 2198 of 2014 3 c) Petitioner shall not get involved in any offence during the period of this bail. d) Petitioner shall not intimidate/influence the witnesses. e) It is made clear that in case any of condition Nos. (b) to (d) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application in the JFMC, Mattannur (until committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv