Anas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3844 of 2015 ------------------------------- CRIME NO. 721/2015 OF PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT. .........

PETITIONER/ACCUSED:

----------------------------------- ANAS, AGED 30, S/O. MOHAMMED HANEEFA, GOPALASSERI, IRSHAD JUNCTION, VADAKEVILA P.O., PALLIMUKKU, KOLLAM.

BY ADVS.SRI.JOSEPH SEBASTIAN (KOLLAM) SRI.LIJU. M.P RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, PALLITHOTTAM, KOLLAM DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3844 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is accused of having committed the offence under Sections 341, 294(b) and 332 IPC. The allegation is that he uttered obscene words, wrongfully restrained a Home Guard and assaulted him.

3.

Heard.

4.

The victim did not sustain any serious injuries. The incident happened all of a sudden. The custodial interrogation of the petitioner is not necessary for effective investigation. 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)The petitioner shall surrender his passport before the lower concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

B.A.No. 3844 of 2015 ::2::

3)He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)He shall appear before the Investigating Officer between 10 a.m. and 11 a.m. on every second and fourth Saturday for three months or till the final report is filed, whichever is earlier.

5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

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