Samsu 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. 2107 of 2015 ------------------------------- CRIME NO. 114/2015 OF KUMBLA POLICE STATION, KASARAGOD. ..........

PETITIONER(S)/ACCUSED 1 TO 7 & 9:

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1. SAMSU, AGED 24 YEARS, S/O.ABDULLA, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

2. AMEER, AGED 21 YEARS, S/O.ABDULLA, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

3. RAFEEQ, AGED 27 YEARS, S/O.MOIDEENKUNHI, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

4. HANEEFA, AGED 34 YEARS, S/O.BADAVANKUNHI, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

5. FAISAL, AGED 20 YEARS, S/O.MOHAMMED, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

6. SAMSU, AGED 22 YEARS, S/O.ERMULLA, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

7. SAMSHEER, AGED 28 YEARS, S/O.MOIDEENKUNHI, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

8. ASHRAF, AGED 41 YEARS, S/O.ABDULLA, FISHERIES COLONY, PERVADE KADAPPURAM, KOIPPADY VILLAGE, KUMBALA, KASARAGOD DIST.

BY ADV. SRI.S.JIJI RESPONDENT(S):

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

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

mbr/

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.2107 of 2015 -------------------------------------------- Dated this the 5th day of June 2015

O R D E R

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

2. The petitioners have allegedly committed the offences under Secs.143, 147, 148, 324, 427 and 452 read with Sec.149 of Indian Penal Code. The prosecution case is that they assaulted the victim with dangerous weapons like iron rods and pickax.

3. Heard both sides.

4. It is submitted that the first petitioner has already been arrested and released.

5. A perusal of the wound certificate of the victim shows that he did not sustain any serious injuries. Having regard to these facts I am inclined to grant the prayer for anticipatory bail.

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

Bail Appl. No.2107 of 2015 2 with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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

3) They shall not destroy or tamper with 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.

K. ABRAHAM MATHEW JUDGE NS