Abdusaman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 Bail Appl..No. 2730 of 2015 () ------------------------------- CRIME NO. 657/2015 OF MANJERI POLICE STATION. ........

PETITIONER(S):

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1. ABDUSAMAN, S/O.SALEEM, AGED 29 YEARS, KURUNIYAN HOUSE, PAYYANAD AMSOM, KACHERIPADI, PAYYANAD P.O.

2. SHAMIL SALEEM, S/O. SALEEM, AGED 18 YEARS, KURUNIYAN HOUSE, PAYYANAD AMSOM, KACHERIPADI, PAYYANAD P.O.

3. MUHAMMED NAVAS K., S/O.MUHAMMED, AGED 30 YEARS, KURUNIYAN HOUSE, PAYYANAD AMSOM, KACHERIPADI, PAYYANAD P.O.

BY ADVS.SMT.PRABHA R.MENON, SRI.R.MANOJ.

RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (ON BEHALF OF SUB INSPECTOR OF POLICE, MANJERI POLICE STATION).

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2730 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.2.

2.

Petitioners are alleged to have committed the offences under sections 143, 147, 148, 341, 323, 234, 326, 307 and 149 of Indian Penal Code.

3.

The prosecution case is that they assaulted the victim with iron pipe causing fracture of the bone. 4.

Heard.

5.

The learned counsel submits that it is a false case got registered as a counter case to Crime No.656/2015 against the first informant and others. The victim sustained fracture of the little finger. On the other hand, the petitioners sustained very serious injuries. The Sessions Court has granted anticipatory bail to the accused in the counter case. Having regard to this fact I am inclined to grant the prayer of the petitioners for anticipatory bail.

In the result this application is allowed.

1.

The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent

B.A. No.2730 of 2015 sureties each for the like sum if they are arrested by the police in connection with this case.

2.

They shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.

They shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.

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