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High Court of KeralaBail Appl./5442/2015allowed

Sajid Hussian C.H. v. Station House Officer

2015-09-14Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 Bail Appl..No. 5442 of 2015 --------------------------------------- CRIME NO. 521/2015 OF BEKAL POLICE STATION , KASARAGOD --------------------- NAME AND ADDRESS OF THE PETITIONER(S)/ACCUSED : -------------------------------------------------------------------------------------- SAJID HUSSIAN C.H., AGED 27 YEARS, S/O.HASSINAR, C.H.HOUSE, THEKKEPURAM, KEEKAN VILLAGE, HOSDURG TALUK P.O, KEEKAN.

BY ADVS.SRI.M.S.IMTHIYAZ AHAMMED SRI.SHIRAZ ABDULLA NAME AND ADDRESS OF THE RESPONDENT(S) :

------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, BEKAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5442 of 2015 ------------------------------------------------ Dated this the 14th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C.

2. Petitioner is the accused in Crime No.521/2015 of Bekal Police Station registered for offences punishable under Sections 323, 324 and 306 I.P.C.

3. Prosecution case, in short, is that sometime between 23.00 hours on 22-07-2015 and 6.00 a.m on 23-07-2015, the accused beat his father with hand and weapon and due to the mental agony, father of the accused committed suicide.

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

5.

The petitioner was arrested on 18-08-2015. Considering the stage of investigation, I find that bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction

B.A No.5442 of 2015 2 of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned Magistrate 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 between 10.00 and 11.00 a.m until final report is filed.

4. The petitioner shall surrender his passport, if any. If he does not have a passport, he shall file an affidavit stating that fact before the learned Magistrate having jurisdiction.

5. The petitioner shall not indulge in any offence while on bail.

6. 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.

//True copy// P.A to Judge amk