Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE5H DAY OF JUNE201415TH JYAISHTA, 1936 Bail Appl..No. 3914 of 2014 () ------------------------------- CRIME NO. 69/2014 OF MANJESHWAR POLICE STATION , KASARGOD DISTRICT -------------------------------- PETITIONER/ACCUSED NO.3: ---------------------------------------------- SHOUKATHALI, AGED30YEARS, S/O.IBRAHIM, THYAGARAJA NAGARA, GADDIGE MADIKERI,KOORG DISTRICT, KARNATAKA. BY ADV. SRI.V.TEKCHAND RESPONDENT(S)/COMPLAINANT/STATE: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
2. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT -673 123 BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0506-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
----------------------------- Bail Appl.No. 3914 of 2014 () ---------------------------------------- Dated this the 5th day of June, 2014 ORDER
Petitioner is the third accused in Crime No.69 of 2014 of the Manjeshwar Police Station for the offences punishable under Sections 143, 147,148, 302 read with Section 149 of the Indian Penal Code, is in custody from 13.02.2014 and seeks bail. 2.The learned Public Prosecutor has opposed the application. It is submitted that on 25.01.2014 at about 9 p.m., the petitioner and others formed unlawful assembly and in prosecution of its common object chased the deceased who was traveling in a car, in three vehicles, intercepted that car and attacked him with deadly weapons. 3.On hearing both sides and considering the fact that some of the accused are already released on bail, I am inclined to think that further custody of the petitioner is Bail Appl.No. 3914 of 2014 () 2 not required and he could be granted bail but subject to stringent conditions to prevent recurrence of such incidents in future. The application is allowed as under : I. Petitioner is granted bail in Crime No. 69 of 2014 of the Manjeshwar Police Station and shall be released (if not required to be detained otherwise) on his executing bond for `30,000/- (Rupees thirty thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions . a. Whether or not he/she has landed property, one of the sureties shall be the father/mother/brother/close relative of the petitioner. b. Petitioner shall report to the SHO, Bail Appl.No. 3914 of 2014 () 3 Iritty Police station on every alternate Saturday between 10 a.m and 5 p.m, until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned. c. Petitioner shall report to the investigating officer as and when required for interrogation. d. Except if necessary to consider with condition Nos.(b) and (c) the petitioner shall not enter Kasargod district unless it is to attend any court or other lawful authority as per order in writing until otherwise ordered or except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid. Bail Appl.No. 3914 of 2014 () 4 e. Petitioner shall not get involved in any offence during the period of this bail. f. Petitioner shall not intimidate or influence the witnesses. g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC100. sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE