Hamzathul Basheer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4763 of 2015 --------------------------------------- CRIME NO.128 OF 2015 OF MANKADA POLICE STATION , MALAPPURAM ----------------- PETITIONER(S)/ACCUSED:

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1. HAMZATHUL BASHEER, AGED 24 YEARS, S/O.MUHAMMAD (LATE), MAMPALLY HOUSE, KOOTTIL (P.O), MANKADA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

2. JAMSHEER, AGED 26 YEARS, S/O.AVARANKTTY, ULLATTUPARA HOUSE, KOOTTIL (P.O), MANKADA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.DILIP RESPONDENT(S)/STATE OF KERALA :

------------------------------------------------------------ THE STATE OF KERALA, REP. BY THE MANKADA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.4763 of 2015 ------------------------------------------- Dated this the 11th day of August, 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are the accused in Crime No.128 of 2015 of Mankada Police Station. They are said to have committed the offences under Sections 308, 324 and 326 of the Indian Penal Code.

3.

The prosecution case is that they assaulted the victims with an iron rod causing them fracture of their bones. 4.

Heard both sides.

5.

The petitioners have been in custody since 13.07.2015. Having regard to the nature of the allegations it appears that their further detention is not necessary.

In the result, this application is allowed.

1. The petitioners will 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 to the satisfaction of the learned Magistrate concerned.

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

3. They shall surrender their passport before the lower

B.A.No.4763 of 2015 court concerned or if they do not have the one, file an affidavit to that effect.

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

5. They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

6. They shall not intimidate or attempt to influence the witnesses.

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 R.AV //True Copy// PA to Judge