Basheer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 Bail Appl..No. 3009 of 2015 ------------------------------- CRIME NO.978/2015 OF MATHILAKAM POLICE STATION, THRISSUR DISTRICT. .....

PETITIONER(S)/ACCUSED 1 & 2:

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1. BASHEER, S/O.SAINUL ABADHEEN, AGED 45 YEARS, RAYAMMARAKKAR HOUSE, MATHILAKAM, THRISSUR DISTRICT.

2. RASHEED, S/O.MOHAMMEDALI, AGED 48 YEARS, PAMBINEZHATH HOUSE, MATHILAKAM, THRISSUR DISTRICT.

BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI. MOHAMMED SAGEER RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, MATHILAKAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A. No.3009 of 2015 ==================== Dated this the 4th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are alleged to have committed the offences under sections 323, 354 and 34 of IPC. The prosecution case is that they assaulted the victim and outraged her modesty.

3. Heard.

4. The allegations against the petitioners are not very serious. No weapon was used in incident. So, I am inclined to grant the prayer of the petitioners.

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 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 they are so required by him in writing.

3) They shall not destroy or tamper with evidence.

4) They shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every Wednesday for four months

B.A. No.3009 of 2015 ::2::

or till the final report is filed, whichever is earlier.

5) They shall not get themselves involved in any other criminal case which they are on bail.

6) They shall not intimidate or attempt to influence the witnesses.

7) They shall not destroy or tamper with evidence.

8) They shall not harass the de facto complainant or her relatives.

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 DST //True Copy// P.A. To Judge