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High Court of KeralaBail Appl./3577/2015allowed

Abdul Nair v. State Of Kerala

2015-06-26Honourable Mr. Justice K.Abraham Mathew3 pages

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. 3577 of 2015 --------------------------------------- CRIME NO. 334/2015 OF MANJESWAR POLICE STATION , KASARGOD ----------------- PETITIONER(S)/ACCUSED:

-------------------------------------- ABDUL NASIR, AGED 39 YEARS, S/O. ABU HAJI., ABU MAHAL, UPPALA, UPPALA POST, KASARGOD DISTRICT.

BY ADV. SRI.K.P.HARISH RESPONDENT(S)/STATE OF KERALA & COMPLAINANT: -------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM 682031.

2. THE STATION HOUSE OFFICER, (CRIME NO334 IF 2015 OF MAJESHWASR POLICE STATION) KASARGOD DISTRICT 671121.

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: PJ

K.ABRAHAM MATHEW, J.

------------------------------- B.A. No.3577 of 2015 -------------------------------------- Dated this the 26th day of June, 2015

O R D E R

-------------- Petition filed under Sec.438 Cr.P.C.

2. Petitioner is the accused in Crime No.334 of 2015 of Manjeshwar Police station registered for the offences under Secs.332 and 341 read with Sec.34 of the Indian Penal Code. The prosecution case is that he wrongfully restrained the driver of a K.S.R.T.C. bus and assaulted him and prevented him from discharging his duty.

3. Heard both sides.

4. The victim did not sustain any serious injuries.

5. Having regard to the nature of the allegations, custodial interrogation of the petitioner is not necessary for effective investigation. So I am inclined to grant the prayer of petitioner.

In the result, the bail application is allowed. 1) The petitioner shall be released on bail after interrogation on his executing a bond

B.A. No.3577 of 2015 2 for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) He shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on every 1st and 3rd Saturdays for two months or till the final report is filed whichever is earlier.

3) He shall not destroy or tamper with evidence nor shall he get himself 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 petitioner surrenders 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