Mansoor P.K. v. Sub Inspector Of Police

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. 5844 of 2015 ------------------------------- CRIME NO. 804/2015 OF PAZHAYANGADI POLICE STATION, KANNUR DISTRICT. ..........

PETITIONER/ACCUSED:

-------------------------- MANSOOR P.K., S/O.HAMZA, AGED 30 YEARS, PUNNAKKAN HOUSE, MADAYI AMSOM, VENGARA, KANNUR DISTRICT.

BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/COMPLAINANTS AND STATE:

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1. SUB INSPECTOR OF POLICE, PAZHAYANGADI POLICE STATION, KANNUR DISTRICT-670 001.

2. STATE OF KERALA, (RESPONDENTS 1 & 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5844 of 2015 -------------------------------------------- Dated this the 9th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 2nd accused in Crime No.804 of 2015 of Pazhayangadi Police station registered for the offences punishable under Secs.143, 147, 148, 341, 452, 324 and 307 read with Sec.34 of the Indian Penal Code. The prosecution allegation is that on 27.08.2015 at about 5.00 p.m., while the defacto complainant was sitting in a club, the petitioner along with other accused trespassed into the club and attacked him with a chopper.

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

4. Learned counsel for the petitioner submitted that some of the accused in this case have already released on bail.

Considering the stage of investigation and the fact that the petitioner was arrested on 31.08.2015, I am inclined to grant bail to the petitioner with the following

Bail Appl. No.5844 of 2015 2 conditions.

i. 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 Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The petitioner shall appear before the Investigating Officer for interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

iv. The petitioner shall not enter the local limits of Pazhayangadi Police station except for appearing before the Court below or the investigating officer concerned for a

Bail Appl. No.5844 of 2015 3 period of three months.

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

vi. He 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/09/10/2015 P.A. To Judge