Mustaq Ahammed v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Bail Appl.No. 2470 of 2015 --------------------------------------- CRIME NO. 189/2015 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE ........

PETITIONER(S)/ACCUSED:

-------------------------------------- MUSTAQ AHAMMED, AGED 42 YEARS, S/O.LATE SAJU SAHIB NO.90, CHIKKABHASTHI, KENGERY HOBLY, ULLALU, UPANAGARA, BANGALORE - 56.

BY ADVS.SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.T.S.SARATH SMT.P.M.MAZNA MANSOOR RESPONDENT(S)/COMPLAINT:

------------------------------------------- THE STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KOZHIKODE TOWN POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

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B.A.No. 2470 of 2015 (C) ............................................... Dated this the 27th day of May, 2015

O R D E R

Petition filed u/s.439 Cr.P.C.

2. Petitioner has been in custody since 28.02.2015. The allegation is that he has committed the offences under sections 489(A) (B) and (C) of IPC.

3.Heard.

4. Final report has so far not been filed. He has been in custody for 89 days.

In the result, this application is allowed.

1. Petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the lower court concerned. 2.He shall appear before the investigating officer on every Wednesday between 10.00 a.m and 11.00 a.m till the final report is filed.

3. He shall not commit any economic offence while he is on bail. 4.He shall not leave India without the previous permission of the court concerned.

5. He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

6. He shall not threaten or attempt to influence the witnesses, nor

B.A.No. 2470 of 2015 (C) ::2::

shall he destroy or attempt to destroy the evidence or interfere with the investigation.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. to Judge