Rimshad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 Bail Appl..No. 5671 of 2015 () ------------------------------- CRIME NO. 1085/2015 OF MANJERI POLICE STATION , MALAPPURAM DISTRICT ----------------------- PETITIONER/1ST ACCUSED:
--------------------------------------------- RIMSHAD, AGED 21 YEARS, S/O. ALI, CHEMMALA HOUSE, KIDANGAZHI P.O., MANJERI, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE RESPONDENT/COMPLAINANT:
------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.
(IN CRIME NO. 1085/2015 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT).
BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.5671 of 2015 -------------------------------------------- Dated this the 9th day of October 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.1085 of 2015 of Manjeri Police station registered for the offences punishable under Secs.143, 147, 148, 341, 323, 324 and 308 read with Sec.149 of the Indian Penal Code. The prosecution allegation is that on 17.07.2015 at about 1.30 a.m., the petitioner along with other accused formed themselves into an unlawful assembly, armed with deadly weapons, committed rioting, wrongly restrained the defacto complainant and attacked him with an iron pipe.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that there is no material on record to implicate the petitioner for an offence under Sec.308 of the Indian
Bail Appl. No.5671 of 2015 2 Penal Code.
5. The materials in the case diary show that the defacto complainant sustained only very minor injury. Considering the facts and circumstances of the case, pre arrest bail is granted to the petitioner with the following conditions.
1. The petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation.
2. In the event of arrest, the petitioner shall be released 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 investigating officer.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed to do so in writing.
4. The petitioner shall not intimidate
Bail Appl. No.5671 of 2015 3 or attempt to influence the witnesses, nor shall he tamper with the evidence.
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/09/10/2015 P.A. To Judge