Muhammed Khaleefa.C v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE B.KEMAL PASHA FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 Bail Appl..No.112 of 2015 ----------------------------------- CRIME NO.698/2014 OF PAYANGADI POLICE STATION,KANNUR PETITIONER/ACCUSED:

----------------------------------- MUHAMMED KHALEEFA.C,S/O.HASSAN (LATE), AGED 20 YEARS,CHAPPAYIL HOUSE, MATOOL AMSOM,JASINTHA,MATOOL NORTH, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT & STATE:

----------------------------------------------------------- 1.

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM -682031.

2.

THE STATION HOUSE OFFICER, PAYANGADI POLICE STATION, (CRIME NO.698 OF 2014), KANNUR DISTRICT-670001.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

B.KEMAL PASHA, J.

................................................................ B.A. No.126 OF 2015 ............................................................... Dated this the 16h day of January, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.798/2014 of the Alakode Police Station, Kannur registered for the offence punishable under Section 308 of the Indian Penal Code. 3.

The allegation against the petitioner is that on 07.11.2014 he drove tipper lorry bearing Reg.No.KL14E8742 involved in Crime No.798 of the said Police Station, in a callously rash and criminally negligent manner by transporting river sand illegally collected from the river, and knocked down two pedestrians and also caused to hit it on jeep bearing Reg.No.KL14-B-1103 belongs to a person named Suresan. The petitioner was produced before court

B.A.No.112 of 2015 -: 2 :- on production warrant on 19.11.2014 and he has been in custody since then.

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.

5.

No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and

B.A.No.112 of 2015 -: 3 :- subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 23.01.2015 for a period of six months.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge