Mohammed Salih v. Sub Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Bail Appl..No. 4076 of 2015 ------------------------------- CRIME NO. 389/2015 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT. ....

PETITIONER/ACCUSED:

---------------------------------- MOHAMMED SALIH, S/O.KUNHIMUHAMMED, AGED 25 YEARS, KIDANHIYIL MEETHAL HOUSE, KOYILANDI, MUTHAMBI, MALAPPURAM DISTRICT.

BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/COMPLAINANTS & STATE:

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1. SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT - 673 001.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031).

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4076 of 2015 -------------------------------------------- Dated this the 24th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.389 of 2015 of Edavanna Police station registered for the offences under Secs.324, 341 and 395 of the Indian Penal Code. The prosecution case is that he along with the coaccused wrongfully restrained the victim, assaulted him and robbed him of Rs.1,20,000/-.

3. Heard both sides.

4. The petitioner has been in custody since 08.06.2015. His further detention is not necessary for completion of investigation. So I am inclined to grant the prayer of the petitioner.

In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with to solvent sureties each for the like sum to the

B.A. No.4076 of 2015 2 satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every every Wednesday for four months or till the final report is filed, whichever is earlier.

3) The petitioner shall deposit Rs.20,000/- (Rupees twenty thousand only) in the trial court within seven days of his release.

4) 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.

5) 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.

6) The petitioner shall not destroy or tamper with evidence nor shall he get himself

B.A. No.4076 of 2015 3 involved in any other criminal case.

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

8) 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.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge