Muhammed Rafi V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Bail Appl..No. 3369 of 2015 ------------------------------- CRIME NO. 506/2015 OF MANANTHAVADY POLICE STATION, WAYANAD DISTRICT. ...........
PETITIONER(S)/ACCUSED 1 TO 7:
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1. MUHAMMED RAFI V., AGED 35 YEARS, S/O.ALEEM, VAZHAYIL HOUSE, PILAKKAVU, MANATHAVADI PO, WAYANAD DISTRICT.
2. ASHKAR, AGED 19 YEARS, S/O.USSAIN, CHAPPANDAKKAD, PILAKKAV, MANANTHAVADI.
3. NOUSHAD, AGED 37 YEARS, S/O.MOOSA, KARYATTUMMAL, VEMAM PO, MANANTHAVADI.
4. JABBAR K.V, AGED 38 YEARS, S/O.KAREEM, VILANGAPPURAM, PILAKKAVU, MANANTHAVADI.
5. KHALID P, AGED 40 YEARS, S/O.MUHAMMED KOYA, THAZHEYANGADI, MANANTHAVADI,
6. BASHEER H, AGED 58 YEARS, ALANCHERY HOUSE, PANDIKADAVU, MANANTHAVADI.
7. SHUHAD, AGED 26 YEARS, S/O.ABDURAHMAN, PULLENGAL HOUSE, THAZHAYANGADI, MANANTHAVADI. BY ADVS.SRI.SALIM V.S.
SRI.SHANAVAS.S SRI.H.NUJUMUDEEN SRI.P.V.JEEVESH RESPONDENT/COMPLAINANT:
-------------------------------------------- STATE OF KERALA, THROUGH S.H.O., MANANTHAVADI POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K.ABRAHAM MATHEW, J.
------------------------------- B.A. No.3369 of 2015 -------------------------------------- Dated this the 26th day of June, 2015
O R D E R
-------------- Petition filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 to 7 in Crime No.506 of 2015 of Manathavady Police station registered for the offences under Secs.143, 147, 148, 149, 308, 324, 341 and 506(ii) of the Indian Penal Code. The prosecution case is that they assaulted the victims with iron rods.
3. Heard both sides.
4. Learned counsel submits that the victims are the aggressors and the police have registered a case against them.
5. The victims did not sustain any serious injuries. The incident happened at 11.30 a.m. The petitioners are not involved in any other case. So I am inclined to grant the prayer of the petitioners. In the result, the bail application is allowed. 1) The petitioners shall be released on bail after interrogation on their executing a
B.A. No.3369 of 2015 2 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 between 10.00 a.m. and 11.00 a.m. on every Wednesday for four months or till the final report is filed whichever is earlier.
3) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
If the petitioners surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K.ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge