Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE9H DAY OF JUNE201419TH JYAISHTA, 1936 Bail Appl..No. 3993 of 2014 (D) ------------------------------------------- [CRIME NO. 384/2014 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT] ............ PETITIONER/ACCUSED NO.3: ------------------------------------------ P. SABEER, AGED24YEARS, S/O.MOHAMMED KUNHI, SHEMEEMA MANZIL, KARUVALAM, PADANNAKKADU P.O., KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO.384 OF 2014 OF HOSDURG POLICE STATION), KASARAGOD DISTRICT - 671 314. BY PUBLIC PROSECUTOR SMT. LALIZA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0906-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.3993 of 2014 -------------------------------------------- Dated this the 9th day of June 2014 ORDER
Petitioner is the 3rd accused in Crime No.384 of 2014 of the Hosdurg Police station for the offences punishable under Secs.143, 147, 148, 341, 332, 294(b) and 307 read with Sec.149 of the Indian Penal Code, Sec.3(1) of the PDPP Act, is in custody from 27.05.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 23.03.2014 at about 00.10 hours, the petitioner and others attacked the Police party who were on patrol duty, obstructed them from discharging their official duty and caused damage to the department vehicle.
3. I have heard the learned counsel for the petitioner also.
4. It is seen that some of the accused are released on bail. I am satisfied that further detention of the petitioner is not required who is not reported to be Bail Appl. No.3993 of 2014 2 involved in any other case from the Hosdurg Police station. Hence I am inclined to grant bail to the petitioner but subject to stringent conditions. The application is allowed as under. Petitioner is granted bail in Crime No.384 of 2014 of the Hosdurg Police station and shall be released (if not required to be detained otherwise) on bail 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 jurisdictional magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall deposit Rs.2,500/- (Rupees two thousand five hundred only) in his name in a nationalised bank (initially for a period of two years renewable as per order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate Bail Appl. No.3993 of 2014 3 while executing the bail bond. (c) In case the case is decided against the petitioner and he is made liable to pay compensation to the department, such compensation to the extent possible could be realised from the amount in deposit. (d) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. (e) Petitioner shall report to the investigating officer as and when required for interrogation. (f) Petitioner shall not get involved any offence during the period of this bail. (g) Petitioner shall not intimidate or influence the witnesses. (h) In case any of condition nos.(d) to (e) is violated, it is open to the investigating officer to Bail Appl. No.3993 of 2014 4 file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) 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 / True Copy / NS P.A. To Judge