Ansaf @ Malu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl..No. 4472 of 2015 ------------------------------------- CRIME NO. 254/2015 OF KAYAMKULAM POLICE STATION , ALAPPUZHA ----------------------- PETITIONER(S)/2ND ACCUSED:
-------------------------------------------- ANSAF @ MALU, AGED 25 YEARS, S/O. ASHARUF, KATTIRETH KIZHAKKETTHIL VEEDU, PULLIKANAKKU MURI, KRISHNAPURAM, NOW RESIDING AT KANDISSERY PADEETTATHIL VEEDU, DESATHINAKAM MURI, PERINGALA.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
==================== B.A.No. 4472 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the 2nd accused in Crime No. 254 of 2015 of Kayamkulam Police Station.
He is accused of having committed the offences under Sections 323, 324, 341, 308 and 34 of the Indian Penal Code, Section 20 read with Section 27 of the Arms Act. The prosecution case is that he along with the co-accused wrongfully restrained the victim and attempted to commit culpable homicide by assaulting him with deadly weapons like swords.
3.
Heard.
4.
The petitioner has been in custody since 21.06.2015. His further detention is not necessary for completion of the investigation.
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
B.A.No. 4472 of 2015 -: 2 :- like sum to the satisfaction of the learned Magistrate concerned.
2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. every Wednesday for three months, or till the final report is filed, whichever is earlier.
3)He shall surrender his passport before the lower court concerned or 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 he get himself involved in any other criminal case.
6)He 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 DST //True copy// P.A. To Judge