Faisal T.M. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 1953 of 2015 () ------------------------------- CRIME NO. 442/2015 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT ---------------------- PETITIONERS/ACCUSED NO 4 & 5 :

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1. FAISAL T.M., AGED 32 YEARS S/O.SIMAIL, THALICHALAM, ELAMBACHI P.O., KASARAGOD DISTRICT.

2. ISMAIL E.M.P., AGED 47 YEARS S/O.MUHAMMED KUNHI HAJI, THAYINERI , PAYYANNUR P.O., KANNUR DISTRICT.

BY ADVS.SRI.ZUBAIR PULIKOOL SRI.P.S.BINU RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1953 of 2015 -------------------------------------------- Dated this the 5th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are alleged to have committed the offences under Secs.323, 341, 354, 427, 452, 506(1) read with Sec.34 of Indian Penal Code. The prosecution case is that they trespassed into the 1st informants house at 9.30 p.m., assaulted her, outraged her modesty, committed mischief and threatened her.

3. Heard both sides.

4. The offences alleged against the petitioners are minor in nature. Custodial interrogation is not necessary for effective investigation.

In the result, the bail application is allowed. 1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- ( Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection

Bail Appl. No.1953 of 2015 2 with this case.

2) The petitioners shall deposit Rs.1,500/- (Rupees thousand five hundred only) each in the Trial Court within five days.

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

4) They shall not destroy or tamper with evidence.

5) They shall not harass the defacto complainant or her relatives.

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

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge