Shamnad @ Shama v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Bail Appl..No. 6530 of 2015 () ------------------------------- CRIME NO. 708/2015 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM. ......

PETITIONERS/1, 2, 5 ACCUSED:

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1. SHAMNAD @ SHAMA, AGED 28 YEARS, PENGADE, ROADERIKATHU, MELEMUKKU, KUTTICHAL P.O, THIRUVANANTHAPURAM.

2. SHAFFEEK, S/O.ABDUL LATHEEF, AGED 29 YEARS, MYLAMCOOLE, KUTTICHAL P.O., THIRUVANANTHAPURAM.

3. MUHAMMED ANUSHUDEEN @ ANEESH, AGED 30 YEARS, ROADERIKATHU, MELEMUKKU, KUTTICHAL P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.SASITH.

RESPONDENT(S):

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

2. THE SUB INSPECTOR OF POLICE, NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM-695 024.

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 15th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2. Petitioners are accused Nos.1, 2 and 5 in Crime No.708 of 2015 of the Neyyardam Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 506(ii), 427 and 294(b) of the Indian Penal Code.

3.

Prosecution case is that on 01.10.2015, the accused persons trespassed into the house of the defacto complainant and attacked the defacto complainant's son. Defacto complainant meddled with the incident, she sustained injuries. 5th accused caught hold of her hair and attacked her.

4.

Heard both sides.

5.

Considering the nature of the allegations, I am of the view that no custodial interrogation may be necessary in this case.

(a) The petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when directed for the purpose of interrogation.

(c) The petitioners shall co-operate with the investigation of the case.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner interfere or meddle with the investigation.

(f) The petitioners shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge