Fayas Hussain v. Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Bail Appl..No. 2191 of 2015 () ------------------------------- CRIME NO. 607/2014 OF ELATHUR POLICE STATION, KOZHIKODE DISTRICT ---------------- PETITIONER/ACCUSED :

---------------------------------- FAYAS HUSSAIN, AGED 25 YEARS, S/O. HUSSAIN, MANNATH HOUSE, CIVIL STATION P.O. KASANAKKOTTA ROAD, KANNUR DISTRICT.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENTS/COMPLAINANT :

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1. STATION HOUSE OFFICER, ELATHUR POLICE STATION P.O., ELATHUR - 673 303 KOZHIKODE DISTRICT.

2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R1 & R2 BY PUBLIC PROSECUTOR SMT.R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

==================== B.A.No.2191 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 294(b), 323, 341 and 353 of IPC. The prosecution case is that he attacked a KSRTC driver, causing obstruction in discharging his duties.

3.

Heard.

4.

The first informant did not sustain any serious injuries. Detention of the petitioner is not necessary for effective investigation.

In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2)The petitioner shall surrender his passport before the lower concerned or if he does not have one, he shall file an affidavit to that effect within five days of his

B.A.No. 2191 of 2015 ::2::

release.

3)The petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)The petitioner shall not intimidate or attempt to influence the witnesses.

5)He shall not destroy or tamper with evidence 6)He shall not get himself involved in any other criminal case while he is on bail.

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 DST //True copy// P.A. To Judge