Abdul Shukoor v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl..No. 4444 of 2015 ------------------------------- CRIME NO. 531/2015 OF PARIYARAM POLICE STATION, KANNUR DISTRICT. ..........

PETITIONER/3RD ACCUSED:

---------------------------------------- ABDUL SHUKOOR, S/O.MOHAMMED, KAKKOTTAKATHU HOUSE, VAYAD, THIRUVATTUR POST, PARIYARAM, TALIPARAMBA, KANNUR.

BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/STATE & COMPLAINANT:

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

2. THE STATION HOUSE OFFICER, PARIYARAM POLICE STATION, KANNUR DISTRICT - 670 502.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.531 of 2015 of Pariyaram Police Station Kannur District. The petitioner along with the co-accused is said to have committed the offences under Sections 143, 147, 148, 307, 333, 342, 379 read with Section 149 of the Indian Penal Code and Section 20 of the Protection of River Banks and regulation of removal of Sand Act.

3.

The prosecution case is that he along with the co-accused were found transporting river sand without any authority and when the police intercepted the vehicle they assaulted the Sub Inspector causing him very serious injuries.

4.

Heard.

5.

The petitioner has been in custody since 26.05.2015. Having regard to his role in the incident, he will be released on bail.

In the result, this 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 two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer between 10.30 a.m and 11.30 a.m. on every Friday for six months, or till the final report is filed, whichever is earlier. 3.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release.

4.

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

5.

He shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

6.

He shall not enter Kannur District during the investigation, except for complying with the direction in this order or for appearing in court, without the previous

permission of the court concerned.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge