Abdul Salam v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No.3836 of 2015 ------------------------------------- CRIME NO.227/2015 OF VIDYA NAGAR POLICE STATION,KASARGOD. ..

PETITIONER/3RD ACCUSED:

----------------------------------------- ABDUL SALAM,S/O.BASHEER,AGED 19 YEARS, RESIDING AT ABBAS QUARTERS,ALAMPADY, ALAMPADY POST,MUTTATHODY VILLAGE, KASARGOD TALUK,KASARGOD DISTRICT.

BY ADV.SRI.T.MADHU RESPONDENT:

---------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION,KASARGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

==================== B.A.No. 3836 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 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 323, 341 and 354 IPC. The prosecution case is that he assaulted the victim with hands.

3.

Heard.

4.

It is doubtful whether Section 354 IPC is attracted. This appears to be an assault case only.

In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond 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 for interrogation if he is so required by him in writing. 3)He shall not intimidate or attempt to influence the witnesses.

4)He shall not destroy or tamper with evidence. 5)He shall not harass the de facto complainant or her relatives or enter her residential premises.

B.A.No. 3836 of 2015 ::2::

If the petitioner surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

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