Abdul Gafoor v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A. HARIPRASAD THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Bail Appl..No. 6481 of 2015 ------------------------------- CRIME NO. 634/2015 OF PERINGOME POLICE STATION, KANNUR ........

PETITIONER(S)/ACCUSED:

-------------------------------------- ABDUL GAFOOR, AGED 38 YEARS, S/O.MOIDEEN HAJI, ETTUVEETTIL HOUSE, VENGARA, MALAPPURAM DISTRICT.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6481 of 2015 -------------------------------------------- Dated this the 15th day of October 2015

O R D E R

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

2. Petitioner is the accused in Crime No.634 of 2015 of Peringome Police station registered for the offences punishable under Secs.4 and 5 of the Explosive Substance Act. Prosecution case is that on 24.07.2015 at about 15.40 hours, seven gelatin sticks and twelve detonators were found out from a closed house situated in the property of the petitioner.

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

4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. The petitioner approached this Court with an application for anticipatory bail which was turned down. Later, he surrendered on 29.09.2015.

5. Learned Public Prosecutor submitted that the investigation has advanced to a considerable extent.

Bail Appl. No.6481 of 2015 2 Considering the nature of allegations and the fact that investigation has advanced to a considerable extent, bail is granted to the petitioner with the 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 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 all Sundays between 10.00 a.m. and 11.00 a.m. till the final report is filed.

iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor

Bail Appl. No.6481 of 2015 3 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 / True Copy / NS/15/10/2015 P.A. To Judge