Rafeek v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 2606 of 2015 () ------------------------------- CRIME NO. 252/2015 OF MANANTHAVADI POLICE STATION , WAYANAD DISTRICT ------------------ PETITIONER/4TH ACCUSED:

--------------------------------------------- RAFEEK, AGED 39 YEARS, S/O.HAMEED, KANTHAKALI HOUSE, KONGANNUR AMSOM, ATHOLI DESOM, KOZHIKODE.

BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/COMPLAINANT & STATE:

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1. SUB INSPECTOR OF POLICE, MANANTHAVADI POLICE STATION, WAYANAD - 670 645.

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

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K.ABRAHAM MATHEW, J.

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B.A.No. 2606 of 2015 ........................................

Dated this the 12th day of June, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.Petitioner is the 4th accused in Crime No.252 of 2015 of Mananthavadi Police Station registered for the offences under Sections 465, 468, 471 read with Section 34 of the Indian Penal Code. The prosecution case is that he along with co accused printed fake free entry passes for various programs, which was conducted in the amusement park. 3.Heard both sides.

4.The petitioner's case is that, he was only an employee of the 3rd accused, who had the right to conduct the amusement park. It is submitted that the recovery has already been effected. The detention of the petitioner is not necessary for effective investigation.

In the result, this application is allowed.

i. The petitioner shall be released on bail after

B.A.No. 2606 of 2015 interrogation on his executing a bond for Rs.25,000/- (Rupees Twentyfive 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 appear before the Investigating Officer for interrogation if he so required by him in writing.

iii.He shall not destroy or tamper with evidence. iv.He shall cooperate with the investigation. v. 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 AMV/12/06/ /TRUE COPY/ P.A.TO JUDGE