Asharaf v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2061 of 2015 () ------------------------------- CRIME NO. 345/2015 OF VATAGARA POLICE STATION, KOZHIKODE DISTRICT ------------------------ PETITIONER/ACCUSED NO.1 :

----------------------------------------- ASHARAF, S/O. AMMED, PULAKKUNNUMMAL HOUSE, THODANNOOR POST, VATAKARA, KOZHIKODE DISTRICT.

BY ADVS.SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA (IN CRIME NO.345/2015 OF VATAKARA POLICE STATION) REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.K.K. RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K.ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.2061 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of May 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the first accused in Crime No.345/2015 of Vatakara police station registered for the offences punishable under Sections 323, 324,447, 427 and 308 read with Section 34 I.P. C.

3. The allegation is that, he along with the co-accused, assaulted the victim with hands and steel chair and caused damage to the victim's property.

4. Heard.

5. There is no allegation that the petitioner used any weapon. The prosecution case is that he assaulted the victim with hands and kicked him. Having regard to the facts, I am inclined to grant the

B.A.2061/2015 prayer of the petitioner.

6.

In the result, this Bail Application is allowed. i) The petitioner shall be released on bail after interrogation on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case. (ii) He shall report before the Investigating Officer for interrogation if he is so required by him in writing. (iii) He shall not destroy or tamper with the evidence. 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 dl // TRUE COPY // PA TO JUDGE