Anvar @ Bloomar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Bail Appl..No. 4711 of 2015 ------------------------------- CRIME NO. 717/2015 OF MANGALAPURAM POLICE STATION. .......

PETITIONER(S)/ACCUSED 1 & 2:

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1. ANVAR @ BLOOMAR, AGED 31 YEARS, S/O.ABDUL KHADER, AKBAR MANZIL, PARAMBIL PALAM, ANDOORKONAM P.O.

2. AJI, AGED 37 YEARS, S/O.VELAYUDHAN ASSARI, VAZHAVILA VEEDU, VAZHAVILA, ANDOORKONAM P.O.

BY ADV. SRI.R.GOPAN RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM RURAL-695 001.

BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4711 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners accused in Crime No. 717 of 2015 of Mangalapuram Police Station. They are said to have committed the offences under Sections 447, 294(b), 323, 354 read with Section 34 of the Indian Penal Code. The prosecution case is that they trespassed into the property of the victim, uttered obscene words, assaulted him and outraged the modesty of his wife. 3.

Heard.

4.

It appears that this is essentially an assault case. Detention of the petitioners is not necessary for effective investigation.

In the result, this application is allowed.

1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2)They shall surrender their passports before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

B.A.No. 4711 of 2015 -: 2 :- 3)They shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

4)They shall appear before the Investigating Officer between 10 a.m. and 11 a.m. every alternate Friday for three months or till the final report is filed, whichever is earlier.

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

6)They shall not destroy or tamper with evidence.

7)They shall not get themselves involved in any other criminal case while they are on bail.

If the petitioners 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