Shafeek v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 2670 of 2015 () ------------------------------- CRIME NO. 361/2015 OF NOORANADU POLICE STATION, ALAPPUZHA ---------------- PETITIONER/ACCUSED :

--------------------------------- SHAFEEK, AGED 23 YEARS, S/O.SHAJAHAN, SADIK MANZIL, MEKKUM MURI, THAMARAKULAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

BY ADVS.SRI.C.M.NAZAR SRI.MANSOOR.B.H.

RESPONDENT/COMPLAINT/STATE :

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

REPRESENTING THE STATION HOUSE OFFICER, NOORANADU POLICE STATION, ALAPPUZHA DIST., 688001. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2670 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21th day of July, 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), 341, 323, 308 and 34 of Indian Penal Code.

3.

The prosecution case is that while the defacto complainant was going as a pillion rider on the motor cycle of her husband the petitioner assaulted her with an iron rod causing an injury on her back.

4.

Heard.

5.

There is no dispute that the victim did not sustain any serious injuries. The learned counsel submits that the victim told the doctor who examined her first that she sustained the injury when she fell down from the motor cycle. Having regard to all these facts I am inclined to grant the prayer of the petitioner for anticipatory bail.

1.

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

B.A. No.2670 of 2015 Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case.

2.

He shall appear before the investigating officer between 10 a.m to 11 a.m alternate Wednesdays for two months or till the final report is filed whichever is earlier. 3.

He shall not get himself 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 the evidence.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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