Abdul Rahman T.S. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Bail Appl..No. 3056 of 2015 ------------------------------- CRIME NO. 308/2015 OF MANKARA POLICE STATION , PALAKKAD PETITIONERS/ACCUSED NO 2&3:

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1. ABDUL RAHMAN T.S.

S/O SULAIMAN, AGED 43 YEARS, THARUVAKODE HOUSE, MANKURUSSY PO MANKARA VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT

2. SHUMSEER, AGED 27 YEARS S/O ABDUL HAMEED, THARUVAKODE HOUSE, MANKURUSSY PO MANKARA VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENT/COMPLAINANT:

---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KERALA AT ERNAKULAM THRUGH SUB INSPECTOR OF POLICE MANKARA POLICE STATION, PALAKKAD R BY PUBLIC PROSECUTOR SMT. MADHUBHAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

= = = == = = = = = = = = = = = = = = B.A. No. 3056 of 2015 = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.

2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondent.

3. The petitioners are accused 3 and 2 respectively in Crime No.308 of 2015 of Mankara Police Station. The offences alleged are under Sections 283 and 332 of IPC. Learned counsel for the petitioners submits that the petitioners are innocent of the allegations raised against them. The investigation of the case is almost over. The

custodial interrogation of the petitioners is not required in this case. Accused 1 and 4 in this case were already granted anticipatory bail by this Court as per order dated 27.5.2015 in B.A.No.2758 of 2015. He further submits that the petitioners apprehend arrest by the police at any time.

4. The learned Public Prosecutor has opposed this petition. She submits that the investigation of the case has progressed much. On considering the facts and circumstances, stage of the investigation and the fact that the accused 1 and 4 in this case were already granted anticipatory bail, the petitioners can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioners are granted anticipatory bail subject to the following conditions:

1) The petitioners shall surrender before the Investigating Officer on or before 29.06.2015 In the event of their arrest, they shall be released on bail on their executing bonds for Rs. 25,000/- (Rupees twenty five thousand) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

3) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.

4) The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

5) The petitioners shall not commit any similar offence while on bail.

6) The petitioners shall not leave India without the previous permission of the concerned Magistrate's Court.

This application is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge