Rabiyan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl.No. 3984 of 2015 ------------------------------------ CRIME NO. 436/2012 OF BECKAL POLICE STATION, KASAAGODE ..........

PETITIONER(S)/ACCUSED NO.5:

---------------------------------------------- RABIYAN, AGED 26 YEARS, S/O.K.M.ABDUL RAHIMAN, M.M.HOUSE, MOVVAL P.O., PALLIKKARA VILLAGE, KASARAGODE-671 316.

BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, (REPRESENTED BY THE INSPECTOR OF POLICE), HOSDURG-CRIME NO.436/2012 OF BACKEL POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

---------------------------- B.A. No.3984 of 2015 -------------------------------------------- Dated this the 28th day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.436 of 2012 of Backal Police station registered for the offences under Secs.143, 147, 148, 447, 427, 506(ii), 153A and 149 of the Indian Penal Code. The prosecution case is that he along with the co-accused trespassed into the property of the first informant, threatened him and committed mischief.

3. Heard both sides.

4. The petitioner was a student. The allegations do not appear to be of a very serious nature. In the result, the bail application is allowed.

1. The petitioner shall be released on bail after interrogation 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

B.A. No.3984 of 2015 2 this case.

2) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

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

4) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

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

6) The petitioner shall co-operate with investigation of the 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

B.A. No.3984 of 2015 3 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