Khais v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 4939 of 2015 ------------------------------- CRIME NO. 920/2015 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
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PETITIONERS/A1 & A2:
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1. KHAIS, AGED 31, S/O.SUBBAIR, SUMAYYA MANZIL, T.C.46/131, NEAR FATHIMA HOSPITAL, PALLITHERUVU, PUTHENPALLY WARD, THIRUVANANTHAPURAM.
2. SUBAIR, AGED 56, S/O.MUHAMMED HANEEFA, SUMAYYA MANZIL, T.C.46/131, NEAR FATHIMA HOSPITAL, PALLITHERUVU, PUTHENPALLY WARD, THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE:
-------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE INSPECTOR OF POLICE, POONTHURA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4939 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2015
ORDER
The petitioners are the 1st and 2nd accused in crime no.920/2015 of Poonthura Police Station, registered under Sections 143, 147, 148, 120 B, 323, 324, 302, 307, 427, 506 (i) r/w 149 of IPC.
2. The petitioners were arrested on 15.06.2015 and ever since they have been in custody.
3. Heard.
4. The learned Public Prosecutor has no serious objection in granting bail to the petitioners. It has been submitted by the learned Public Prosecutor that the final report has been already filed by the Police before the court, after completing the investigation. It has been further submitted by the learned Public Prosecutor that the petitioners are not involved in any other offence of similar nature. Considering the facts and circumstances
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of the case, including the fact that the investigation has been already over and also taking into consideration of the fact that the petitioners are first time offenders, I am inclined to grant bail to the petitioners.
6. In the result, this bail application stands allowed and the petitioners shall be released on bail on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only)each, with two solvent sureties each, each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-II, Thiruvananthapuram and subject to the following further conditions:
1) The petitioners shall not enter into the jurisdiction of the Sessions division, Thiruvanathapuram, without the leave of the learned Magistrate except for the purpose of appearing before the court, for three months.
2) The petitioners shall not get involved in any offence while they are on bail.
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3) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
Sd/- B.SUDHEENDRA KUMAR JUDGE sm/