Muhammed Shan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 Bail Appl..No. 3552 of 2015 () ------------------------------- CRIME NO. 497/2015 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT ------------------------- PETITIONER/PETITIONER IN CMP NO.5450 OF 2015/3RD ACCUSED (IN CUSTODY): --------------------------------------------------------------------------------------------------------------------- MUHAMMED SHAN, AGED 19, S/O.LATHEEF, THRACHERIL PADEETTATHIL, CHERAVALLI MURI KAYAMKULAM.

BY ADV. SRI.P.V.GEORGE (PUTHIYEDAM) RESPONDENT/RESPONDENT/COMPLAINANT :

--------------------------------------------------------------------- STATE OF KERALA (SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-06-2015, ALONG WITH BA NO. 3585/2015 & BA NO. 3743/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Mn

K. ABRAHAM MATHEW, J.

============================= B.A.Nos.3552, 3585 &3743 of 2015 - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused in Crime No. 497 of 2015 of Thiruvalla Police Station registered for the offence under Section 379 IPC. The allegation is that they committed theft of a motor cycle kept in the car porch of the first informant. 3.

Heard.

4.

Learned counsel submits that the petitioners have been in custody since 28.05.2015 and they may be granted bail. Though, the nature of the offence does not incline me to grant bail, having regard to the fact that they are not involved in any other case and they are too young, I am compel to grant bail. In the result, this application is allowed.

1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only)each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2)The petitioners shall appear before the Investigating Officer between 10 a.m and 11 a.m. on every Friday

B.A.Nos.3552, 3585 &3743 of 2015 ::2::

for four months, or till the final report is filed, whichever is earlier.

3)The petitioners shall surrender their passports before the lower concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

4)The petitioners shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

5)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

If the petitioners violate any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge