Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 Bail Appl..No. 2644 of 2014 () ------------------------------- CRIME NO. 217/2014 OF PALODE POLICE STATION , THIRUVANANDAPURAM ---------- PETITIONER/4TH ACCUSED: ---------------------------------------- MOHAMMED JAHAS, AGED18YEARS, S/O. HAMSA, NAZEER MANZIL, EDAVAN IDINJAR P.O., PERINGAMALA VILLAGE, NEDUMANGADU THIRUVANANTHAPURAM. BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, PALODE. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2644 of 2014 A ------------------------------------------ Dated this the 23rd day of May, 2014 ORDER
The petitioner is the 4th accused in Crime No.217/2014 of Palode Police Station, Thiruvananthapuram District. Offences alleged are under sections 498A and 354 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. Against this petitioner, there is allegation that the petitioner tried to snatch the gold chain and also pulled the dress worn by the defacto complainant.
3. The learned counsel for the petitioner submits that this boy was, in fact, brought up by the complainant who is called as 'Mami' and that allegations are now made against this petitioner only because of the dispute between the complainant and her husband and others. B.A. No. 2644/2014 -2- 4. Considering all the aspects the following directions are issued: The petitioner 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 petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum 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. B.A. No. 2644/2014 -3- b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence 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 B.A. No. 2644/2014 -4- evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj