Shaheer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 Bail Appl..No. 3339 of 2015 () ------------------------------- CRIME NO. 417/2015 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT ------------------ PETITIONER/ACCUSED :

---------------------------------- SHAHEER, AGED 32 YEARS, S/O.NIJAM ALI, CARADONES, KALMANDAPAM, PALAKKAD BY ADV. SRI.K.ANAND RESPONDENTS/STATE & COMPLAINANT :

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1. STATE OF KERALA REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031

2. THE STATION HOUSE OFFICER, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT - 678001 BY PUBLIC PROSECUTORM SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3339 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 143, 147, 341, 353 and 294(b) read with Section 149 of Indian Penal Code.

3.

The prosecution case is that he along with the co-accused wrongfully restrained the sales tax officers who conducted an inspection of his shop.

4.

Heard.

5.

No sales tax officers sustained any injuries. Having regard to the nature of the allegations I am of the view that detention of the petitioner is not encessary. In the result, this application is allowed.

1.

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum each he is arrested by the police in connection with this case.

B.A. No.3339 of 2015 2.

He shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Friday for three months or till the final report is filed, whichever is earlier. 3.

He shall not get himself involved in any other criminal case while he is on bail.

4.

He shall not intimidate or attempt to influence the witnesses.

5.

He 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