M.B. Shihab Shiab v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 6111 of 2015 () ------------------------------- AGAINST THE ORDER IN CRMP 3065/2015 of SESSIONS COURT, KASARAGOD DATED 18.09.2015 CRIME NO. 450/2015 OF KUMBLA POLICE STATION , KASARGOD PETITIONER/ACCUSED:

------------------------------------------ M.B. SHIHAB @ SHIAB AGED 28 YEARS S/O.MUHAMED BASHEER, RESIDING AT SHIHAB MANZIL, BANGARA KASAB, MJM NO. 519, MANGALORE.

BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT:

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

R BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV

A.HARIPRASAD, J.

------------------------------ B.A.No.6111 of 2015 ------------------------------ Dated this the 7th day of October, 2015

O R D E R

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

2. Petitioner is the first accused in Crime No.450 of 2015 of Kumbla Police Station involving offences punishable under Sections 143, 147, 148, 452, 341, 324, 308 read with 149 IPC.

3. On 19.08.2015 at about 8.45 p.m., the petitioner along with the other accused trespassed into a building and attacked the defacto complainant. They used iron rod to attack the defacto complainant, is the prosecution case.

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

5. The learned Public Prosecutor opposed the bail application. She contended that the accused belongs to the State of Karnataka and other accused is yet be arrested.

6. Considering the stage of investigation and duration of custody, bail is granted with following 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

B.A.No.6111 of 2015 Magistrate having jurisdiction.

ii. One of the sureties shall be a native of the State of Kerala and the sureties shall produce documents to establish their identity and solvency. iii. The petitioner shall appear before the Investigating Officer between 9.00 a.m. and 10.00 a.m. on all Sundays of every calender month until the final report is filed.

iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

v. The 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 AV /True Copy/ P.A to Judge