Kommachi Nabeel Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE30H DAY OF JULY20148TH SRAVANA, 1936 Bail Appl..No. 5568 of 2014 () ------------------------------- CRIME NO. 760/2013 OF PERINGOME POLICE STATION , KANNUR DISTRICT -------------------------------- PETITIONER/ACCUSED: ------------------------------------ KOMMACHI NABEEL, S/O.ABDUL AZIZ, AGED30YEARS, PERINGOME AMSOM, PEDENA. BY ADV. SRI.P.M.HABEEB RESPONDENT : -------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PERINGOME POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3007-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5568 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2014 ORDER

Petition filed under Section 439 Cr.P.C. The petitioner is the third accused in Crime No.760/2013 of Peringome Police Station, which has been registered for the offences under Sections 308, 323, 324 and 341 IPC.

2. It is alleged that the petitioner along with the co- accused assaulted the first informant with a wheel spanner and granite stone causing him injuries. The assault would have caused his death. But for the fact that the first informant warded it off.

3. It is submitted by the learned counsel for the petitioner that the petitioner has been in custody since 16.06.2014 and he may be released on bail.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. It is submitted that the wheel spanner used for B.A. No.5568 of 2014 -2- the commission of the offence has been recovered. It is submitted that the petitioner is involved in seven other criminal cases. The learned counsel for the petitioner submits that the co-accused have been arrested and the incident happened in connection with a rivalry of two groups of the same religion.

6. It appears that the investigation is almost complete. Further detention of the petitioner is not necessary. In the result, this Bail Application is allowed with the following conditions:

1. The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2) The petitioner shall appear before the Investigating Officer between 10.30 a.m. and 11 30. a.m. on every Thursday for 3 months; or till the final report is filed, whichever is earlier. 3) The petitioner shall not enter the territorial limits of B.A. No.5568 of 2014 -3- Peringome Police Station during the period of investigation except for complying with the direction in this order. 4) The petitioner shall not get himself involved in any other criminal case while he is on bail. 5) The petitioner shall not threaten or attempt to influence the witnesses; or intimidate them. 6) The petitioner shall produce his original passports before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate within five days of his release. 7) The petitioner shall not leave the State of Kerala without getting previous permission from the learned Magistrate concerned. If the petitioner violates any of the conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// shg/ P.A. TO JUDGE