Shefeek v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 Bail Appl..No. 2703 of 2015 () ------------------------------- CRIME NO. 158/2015 OF VAGAMON POLICE STATION, IDUKKI DISTRICT. ........
PETITIONERS/ACCUSED 2 & 3:
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1. SHEFEEK, AGED 26 YEARS, S/O.KASIM, IRAMBATHU HOUSE, PAREKKAVALA BHAGOM, EDAMARUKKU KARA, UDAMBANOOR VILLAGE, THODUPUZHA THALUK.
2. SHAMON, AGED 27 YEARS, S/O.NAZEER NELLIKKUNNATHU HOUSE, CHAVARNA BHAGOM, KALAYANTHANI KARA, ALAKKODU VILLAGE, THODUPUZHA THALUK.
BY ADVS.SRI.K.S.ARUN KUMAR, SMT.M.N.MAYA, SMT.RESMI THOMAS.
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2015, ALONG WITH BA NO.2704 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K. ABRAHAM MATHEW, J.
-------------------------------- B.A. Nos.2703 & 2704 of 2015 ------------------------------------ Dated this the 21st day of May, 2015 -------------------------------------------
O R D E R
--------------- Petition filed under Section 439 Cr.P.C.
2. Petitioners are alleged to have committed the offences under Secs.323, 324 and 395 of Indian Penal Code. The case is that they assaulted the victim and robbed him of three mobile phones and cash worth Rs.1,87,500/-.
3. Learned counsel submits that the petitioners have been in custody since 18.04.2015 and they may be granted bail.
4. Heard both sides.
5. The report of the Investigating officer as submitted by the learned Public Prosecutor shows that the 1st petitioner in B.A. No.2703 of 2015 is involved in six other cases and the 2nd petitioner is involved in another criminal case. But the petitioners in the other bail application are not involved in any other cases. It appears that if the petitioners in B.A. No.2703 of 2015 are
B.A. Nos.2703 & 2704 of 2015 2 released on bail, there is a likelihood of their committing similar offences again. So I am not inclined to grant them bail. But the petitioners in other bail applications will be released on bail.
In the result B.A. No.2704 of 2015 is allowed.
1. The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2. Each of the petitioners will deposit Rs.35,000/- each before they are released on bail.
3. The petitioners shall not enter the territorial limits of Vagamon Police station except for complying with the directions in this order.
4. They shall not destroy or attempt to destroy the evidence or interfere with the investigation. If the petitioners violate any of the above conditions,
B.A. Nos.2703 & 2704 of 2015 3 the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
Bail Application No.2703 of 2015 is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge