Mohammed Mustafa v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No.2636 of 2015 ------------------------------------- CRIME NO.435/2015 OF PONNANI POLICE STATION,MALAPPURAM. ..

PETITIONER'S/ACCUSED:

-------------------------------------- 1.

MOHAMMED MUSTAFA,S/O.ALI AHAMMED, AGED 28 YEARS,KAZHUKIL HOUSE, THALAKKASSERI POST,PALAKKAD DISTRICT.

2.

RATHEESH P.P,S/O.MOHANAN,AGED 30 YEARS, PADIPURAKKAL HOUSE,THALAKKASSERI POST, PALAKKAD DISTRICT.

3.

RIYAS,,S/O.BAVA,AGED 28 YEARS, MOOCHIKOOTTATHIL HOUSE,OTHALOOR POST, PALAKKAD DISTRICT.

4.

MOHAMMED HARIS,S/O.MOHAMMED KUTTY, AGED 28 YEARS,CHOLAKKAL HOUSE, PADINHARANGADI P.O,PALAKKAD DISTRICT.

BY ADV.SRI.RAJESH SIVARAMANKUTTY RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REP. BY SI OF POLICE,PONNANI POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

R BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.2636 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of May 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are the accused in Crime No.435/2015 of Ponnani Police station registered for the offences punishable under Sections 143, 147, 341, 323, 294(b) and 452 read with Section 149 I.P. C.

3. The allegation is that they wrongfully restrained the victim and assaulted him with hands and kicked him in his abdomen.

4. Heard.

5. The prosecution has no case that the petitioners used any weapon. Their custodial interrogation is not necessary.

B.A.2636/2015

6. In the result, this Bail Application is allowed. i) The petitioners shall be released on bail after interrogation, on their executing a bond for ₹25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum, if they are arrested by the Police in connection with this case. (ii) They shall report before the Investigating Officer for interrogation if they are so required by him in writing. (iii) They shall not destroy or tamper with the 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 dl