Abbas V.M. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 5331 of 2015 () ------------------------------- CRIME NO. 3399/2015 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT --------------- PETITIONERS/ACCUSED :

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1. ABBAS V.M., AGED 33 YEARS, S/O.P.P.BIRAVU, VALIYAPARAMBIL HOUSE, PONJASSERY PO THADAKKADU, PERUMBAVOOR, ERNAKULAM DISTRICT

2. SAKEER V.S., AGED 33 YEARS, S/O. SEITHU KUNJU, CHITTETHUKUDY HOUSE, PONJASSERY PO THADAKKADU, PERUMBAVOOR, ERNAKULAM DISTRICT

3. P.U.BASSHER, AGED 48 YEARS S/O.UMMMER KOYA, VALIYAPARAMBIL HOUSE, PONJASSERY PO THADAKKADU, PERUMBAVOOR, ERNAKULAM DISTRICT

4. E.S.JABBAR, AGED 33 YEARS S/O.SULAIMAN, ELLIKKAL HOUSE, MUDICKAL PO THADAKKADU, PERUMBAVOOR, ERNAKULAM DISTRICT

5. A.A. SAKKER, AGED 33 YEARS, S/O.AVARAN, EDATHY HOUSE, PONJASSERY PO THADAKKADU, PERUMBAVOOR, ERNAKULAM DISTRICT BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5331 of 2015 -------------------------------------------- Dated this the 16th day of September 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused in Crime No.3399 of 2015 of Perumbavoor Police station registered for the offences punishable under Secs.143, 147, 308, 323, 324, and 341 of the Indian Penal Code. The prosecution case is that on 27.08.2015 at about 5.00 p.m., the petitioners, as members of an unlawful assembly, attacked the defacto complainant with iron rods.

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

4. On a perusal of the wound certificate, no serious injuries could be seen except an abrasion.

5. Considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioner with the following conditions.

1. The petitioner shall surrender before the investigating officer within a

Bail Appl. No.5331 of 2015 2 period of two weeks and submit himself for interrogation. Thereafter, he shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

2. He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

3. He petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge