Abdul Azeez v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 Bail Appl..No. 2314 of 2015 () ------------------------------- CRIME NO. 106/2012 OF MELATTOOR POLICE STATION,MALAPPURAM DISTRICT -------------------- PETITIONER/1ST ACCUSED:

--------------------------------------------- ABDUL AZEEZ, AGED 42 YEARS, S/O.USMAN, MUTTUPARA HOUSE, EDAPPATTA, MELATTOOR.P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679 326.

BY ADVS.SRI.N.K.SHYJU SRI.E.C.BINEESH RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2314 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner along with the co-accused is alleged to have committed the offences under Sections 324, 326 read with Section 34 of Indian penal Code.

3.

The prosecution case is that the petitioner hit the victim on the head with road metals wrapped in a towel, which caused him to fall down and then the other accused drove a tipper lorry over the right leg of the victim cause him fracture and crush injury.

4.

Heard.

5.

The incident happened in 2012. This court has granted anticipatory bail to the co-accused. The petitioner also is entitled to equal treatment. For that reason alone I am inclined to grant his prayer for anticipatory bail. In the result, this application is allowed.

1.

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/-

B.A. No.2314 of 2015 (Rupees Twenty five thousand only) with two solvent sureties for the like sum each if he is arrested by the police in connection with this case.

2.

He shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.

He shall not get themselves involved in any other criminal case while he is on bail.

4.

He shall not intimidate or attempt to influence the witnesses.

5.

He 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 law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge