Noushad P.M v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 Bail Appl..No. 1459 of 2015 () ------------------------------- CRIME NO. 678/2014 OF KALPETTA POLICE STATION,WAYANAD DISTRICT --------------------------- PETITIONER(S)/ACCUSED 2 & 3:

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1. NOUSHAD P.M.,S/O.MAMMONJ, AGED 32 YEARS, PAINATTU CHAINTHA, CHAMAMKOLI, PULPALLY POST, WAYANAD.

2. ASHRAF, S/O.MOHAMMED, AGED 37 YEARS, POOZHIKUNNATH HOUSE, KAKKAVAYAL POST, MUTTIL AMSOM WAYANAD.

BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENT/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE STATION HOUSE OFFICER, KALPETTA POLICE STATION, WAYANAD DISTRICT BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.1459 of 2015 ------------------------------------------- Dated this the 22nd day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are accused 2 and 3 in Crime No.678 of 2014 of Kalpetta Police Station registered for the offence under Section 304 of IPC.

3.

The allegation is that they along with the co-accused put up an electric fence around a poultry farm run by the 1st accused and caused the death of a stranger. Learned counsel submits that the petitioners only used to supply chicken to the 1st accused and they are not involved in the commission of the offence. 4.

Heard.

5.

Admittedly the poultry farm belonged to the 1st accused. The petitioners had no right or interest in it. There is allegation that they helped the 1st accused to put up the electric fence. Having regard to these facts, I am inclined to grant their prayer. In the result, this application is allowed with the following conditions:

i) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/-(Rupees Twenty five thousand only)

B.A.No.1459 of 2015 2 each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

ii) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

Iii) They shall not destroy or tamper with evidence.

iv) They shall not enter the territorial limits of Kalpetta Police Station for two months.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. K.ABRAHAM MATHEW JUDGE pm