Mujeeb v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 3051 of 2015 () ------------------------------- CRIME NO. 701/2015 OF THIRURANGADI POLICE STATION, MALAPPURAM ------------------ PETITIONER/ACCUSED :
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1. MUJEEB, AGED 34 YEARS, S/O.ALAVIKUTTY, THARI HOUSE, V.K PADI, MAMPURAM POST, MALAPPURAM DISTRICT
2. MUHAMMED MUSTHAFA, AGED 26 YEARS, S/O. ALAVIKUTTY, THARI HOUSE, V.K PADI MAMPURAM POST, MALAPPURAM DISTRICT
3. SHAFI ALIAS MUHAMMED SHAFI, AGED 29 YEARS, S/O.IYTHUTTY, MANAMMAL HOUSE, MAMPURAM POST, MALAPPURAM DISTRICT
4. THAMIR JIFRI, AGED 27 YEARS, S/O. MULLAKOYA THANGAL, THANGAL HOUSE, MAMPURAM POST, MALAPPURAM DISTRICT BY ADV. SRI.K.P.SUDHEER RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, THIRURANGADI POLICE STATION, MALAPPURAM DISTRICT PIN 676 306 BY PUBLIC PROSECUTOR SMT. REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
---------------------- Bail Appl. No.3051 of 2015 -------------------------------------------- Dated this the 5th day of June 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioners are alleged to have committed the offences under Secs.341, 324, 326 and 506(1) read with Sec.34 of Indian Penal Code. The prosecution case is that they assaulted the victim with a reaper and piece of fire wood causing him serious injuries.
3. Heard both sides.
4. Learned counsel submits that the allegations are false and the victim sustained injuries when he fell down. According to him, a mass petition had been filed against the first informant and others that they were engaged in ganja trade. He relies on Annexure 3 copy of mass petition. The injury sustained by the first informant is the fracture of his tooth.
Having regard to these facts, I am inclined to grant the prayer.
In the result, the bail application is allowed.
Bail Appl. No.3051 of 2015 2 1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- ( 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.
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 / True Copy / NS P.A. To Judge