Kabeer.K.P. Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165016
CourtKerala High Court
Decided OnSep-24-2014
JudgeHONOURABLE MR. JUSTICE A.HARIPRASAD
AppellantKabeer.K.P.
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice a.hariprasad wednesday, the24h day of september20142nd aswina, 1936 bail appl..no. 6850 of 2014 () ------------------------------- against the order/judgment in cc12812014 of j.m.f.c.-i,hosdrug crime no. 1171/2011 of hosdurg police station , kasargod. petitioner(s)/ist accused: ----------------------------------------- kabeer.k.p.,aged24years, s/o.assainar, residing at kovval purakkal house, kallooravi, kanhangad, kasaragod district. by adv. sri.t.madhu. respondent/state: ------------------------------ the state of kerala, through the station house officer, hosdurg police station, kasaragod district, represented by the public prosecutor, high court of kerala, ernakulam-682 031. by public prosecutor sri.v.s.sreejith. this bail application having come up for admission on2409-2014, the court on the same day passed the following: amk a.hariprasad, j.------------------------------------------------ b.a no.6850 of 2014 ------------------------------------------------ dated this the 24th day of september, 2014. order application for bail under section 439 cr.p.c.2. petitioner is the first accused in crime no.1171/2011 of hosdurg police station registered for offences punishable under sections 143, 147, 148, 448, 427, 506(ii) and 153(a) r/w section 149 i.p.c.3. prosecution case, in short, is that on 10-10-2011 at 11.00 a.m, accused 1 to 8 formed themselves into an unlawful assembly, armed with deadly weapons, and committed rioting. due to communal hostility, the accused trespassed into the house of the defacto complainant and caused damage to window panes causing pecuniary loss.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. learned counsel for the petitioner submitted that the petitioner was arrested on 27-08-2014. learned public b.a no.6850 of 2014 2 prosecutor opposed the bail application contending that the petitioner is involved in six other crimes. the petitioner is in custody in all the cases. in this case, the investigation has been completed and final report has been filed. the case is pending in c.c no.1281/2014 on the file of the judicial first class magistrate court - i, hosdurg. considering the facts and circumstances of the case, i find that petitioner can be released on bail with following strict conditions :1. the petitioner shall be released on bail on executing a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the judicial first class magistrate court- i, hosdurg.2. one of the parents/brothers/sisters of the petitioner shall be an additional surety.3. the sureties shall produce documents to establish their identity and solvency. b.a no.6850 of 2014 3 4. the petitioner shall appear before the court on all posting dates without fail.5. the petitioner shall not commit any offence during the trial of this case.6. the petitioner shall not influence or intimidate the witnesses.7. the petitioner shall surrender his passport forthwith. if he does not have a passport, he shall file an affidavit stating that fact before the court below.8. the petitioner shall not leave the limits of revenue district, kasaragod without permission of the trial magistrate.9. if any of the above conditions is breached by the petitioner, the learned magistrate is free to cancel bail without referring the matter to this court. sd/- a.hariprasad, judge. amk
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE24H DAY OF SEPTEMBER20142ND ASWINA, 1936 Bail Appl..No. 6850 of 2014 () ------------------------------- AGAINST THE ORDER

/JUDGMENT

IN CC12812014 of J.M.F.C.-I,HOSDRUG CRIME NO. 1171/2011 OF HOSDURG POLICE STATION , KASARGOD. PETITIONER(S)/IST ACCUSED: ----------------------------------------- KABEER.K.P.,AGED24YEARS, S/O.ASSAINAR, RESIDING AT KOVVAL PURAKKAL HOUSE, KALLOORAVI, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENT/STATE: ------------------------------ THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2409-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk A.HARIPRASAD, J.

------------------------------------------------ B.A No.6850 of 2014 ------------------------------------------------ Dated this the 24th day of September, 2014. ORDER

Application for bail under Section 439 Cr.P.C.

2. Petitioner is the first accused in Crime No.1171/2011 of Hosdurg Police Station registered for offences punishable under Sections 143, 147, 148, 448, 427, 506(ii) and 153(A) r/w Section 149 I.P.C.

3. Prosecution case, in short, is that on 10-10-2011 at 11.00 a.m, accused 1 to 8 formed themselves into an unlawful assembly, armed with deadly weapons, and committed rioting. Due to communal hostility, the accused trespassed into the house of the defacto complainant and caused damage to window panes causing pecuniary loss.

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

5. Learned counsel for the petitioner submitted that the petitioner was arrested on 27-08-2014. Learned Public B.A No.6850 of 2014 2 Prosecutor opposed the bail application contending that the petitioner is involved in six other crimes. The petitioner is in custody in all the cases. In this case, the investigation has been completed and final report has been filed. The case is pending in C.C No.1281/2014 on the file of the Judicial First Class Magistrate Court - I, Hosdurg. Considering the facts and circumstances of the case, I find that petitioner can be released on bail with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court- I, Hosdurg.

2. One of the parents/brothers/sisters of the petitioner shall be an additional surety.

3. The sureties shall produce documents to establish their identity and solvency. B.A No.6850 of 2014 3 4. The petitioner shall appear before the Court on all posting dates without fail.

5. The petitioner shall not commit any offence during the trial of this case.

6. The petitioner shall not influence or intimidate the witnesses.

7. The petitioner shall surrender his passport forthwith. If he does not have a passport, he shall file an affidavit stating that fact before the court below.

8. The petitioner shall not leave the limits of revenue District, Kasaragod without permission of the trial Magistrate.

9. If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court. Sd/- A.HARIPRASAD, JUDGE. amk