Shamsheer K.L v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 Bail Appl..No. 1817 of 2015 () ------------------------------ CRIME NO. 1069/2014 OF HOSDURG POLICE STATION,KASARAGOD DISTRICT -------------------- PETITIONER/ACCUSED NO.2:
----------------------------------------------- SHAMSHEER K.L, AGED 24 YEARS, S/O. MUHAMMED K.L., KALLEEL HOUSE, PUNCHAVI P.O.,OZHINHVALAPPU, KANHANGAD VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.K.P.HARISH RESPONDENT(S)/STATE OF KERALA & COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO. 1069/2014 OF HOSDURG POLICE STATION), KASARAGOD DISTRICT - 671 313.
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.T.RAVIKUMAR, J --------------------------------------- B.A No. 1817 of 2015 ---------------------------------------- Dated this the 17th day of April, 2015
ORDER
The petitioner is the second accused in Crime No. 1069/2015 of Hosdurg Police Station in Kasargod District. He along with accused Nos.1, 3 and 4 allegedly committed offences under sections 341, 323, 324, 365, 394 and r/w section 34 of the Indian Penal Code.
2.
The case of the prosecution is that on 7.10.2014 at 23 hours the petitioner along with accused Nos. 1,3 and 4 in furtherance of their common intention asked the defacto complainant to reach Mayyath road and when he reached there they restrained the defacto complainant and committed robbery of 27,000/- and a mobile phone worth 6,000/-. They had attacked ₹ ₹ him with stick and hands and the defacto complainant sustained injury.
3.
I have heard the learned counsel for the petitioner as also the learned Public Prosecutor.
4. Admittedly, the petitioner surrendered before the court on 19.3.2015. It is admitted by both sides that accused Nos.1 and
B.A No. 1817 of 2015 3 were already enlarged on bail. Taking note of the aforesaid circumstances and also the fact that the petitioner has been in judicial custody since 19.3.2015 I am of the view that the petitioner can be enlarged on bail with effect from 22.4.2015 subject to the following conditions:- (i) The petitioner shall be released on bail on his 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 JFCM, Hosdurg.
(ii) The petitioner shall report before the Investigating Officer on every alternative Wednesdays between 9 am to 11 am for a period of two months and thereafter as and when his presence is required by the Investigating Officer.
(iii) Petitioner shall not leave the limits of the Kasargod District without obtaining prior permission from the Investigating Officer. (iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. Sd/- C.T.RAVIKUMAR,JUDGE.
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