Afsal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Bail Appl..No. 5010 of 2015 () ------------------------------ CRIME NO. 563/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT ------------------- PETITIONER/ACCUSED :

------------------------------------ AFSAL AGED 30 YEARS, S/O.KUNHALI, MANJALUNGAL HOUSE, KALLADIPPATTA P.O., ONGALLUR, PALAKKAD DISTRICT.

BY ADVS. SRI.SALIM V.S.

SRI. H. NUJUMUDEEN RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION, PALAKKAD DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN-682 031.

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

==================== B.A.No.5010 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the sole accused in Crime No. 563 of 2015 of Pattambi Police Station, registered for the offences punishable under Sections 324 and 376 of the Indian Penal Code. 3.

Heard the learned counsel for the petitioner and learned Public Prosecutor.

4.

Learned counsel for the petitioner submitted that the petitioner and the de facto complainant are living together. The investigation has advanced by a considerable extent. The petitioner was arrested on 02.08.2015.

Reckoning all these aspects bail is granted to the petitioner with following strict conditions:

1)The petitioner shall 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

B.A.No. 5010 of 2015 -: 2 :- Magistrate having jurisdiction.

2)The sureties shall produce documents to reveal their identity and solvency. The learned trial Judge need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3)The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10 a.m and 11 a.m. until the final report is filed. 4)The petitioner shall not indulge in any offence while on bail.

5)The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge