Mohammed Dilshad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6727 of 2015 ------------------------------- CRIME NO. 780/2015 OF ERUMAPETTY POLICE STATION, THRISSUR DISTRICT. ..........
PETITIONERS/ACCUSED:
------------------------------------------------------------------
1. MOHAMMED DILSHAD, S/O.HANEEFA, AGED 21 YEARS, KOONARI PEZHUMTHARA HOUSE, MATTATHUR, OTTHUKKUNGAL VILLAGE, THIROORARANGADI TALUK, MALAPPURAM DISTRICT.
2. MOHAMMED RIYAS.P.P, S/O.HAMZA, AGED 23 YEARS, PULLANI HOUSE, PUTTUMANA, KALIKAVU.P.O, MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERUMAPETTY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - B.A. 6727 of 2015 - - - - - - - - - - - - - - - - Dated 30th October, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.This is an application filed u/s 438 of the Code of Criminal procedure seeking anticipatory bail. 2.The petitioners herein are accused Nos.14 and 15 in crime No.780 of 2015 of Erumapetti police station. The said crime has been registered for offence punishable u/s 143, 147, 148, 447, 341, 323, 452, 506(1) and 427 r/w S.149 of the IPC. 3.The crux of the allegation is that the petitioners, being students of the Royal Engineering college, Kunnamkulam, committed rioting in the college on 21.8.2015 causing damage to the fittings and fixtures of the college.
B.A.6727/15 4.I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.
5.It is submitted by the learned counsel for the petitioners that as per Annexure-I order dated 7.9.2015 in B.A.5406 of 2015, this Court has granted relief of anticipatory bail to the other accused.
6.In view of the above and considering the nature of allegations, the following directions are made. (i). The petitioners shall surrender before the Investigating Officer within a period of two weeks from today and submit themselves for interrogation. In that event, the petitioners shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
B.A.6727/15 (ii). One of the sureties shall be either parents or siblings or close relatives of the petitioners. The sureties shall produce documents to establish their identity and solvency.
(iii). The petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) each as security before the learned Magistrate having jurisdiction within a period of two weeks from today.
(iv). The petitioners shall appear before the Investigating Officer as and when directed for the purpose of investigation.
(v). The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
7.If any of the above conditions are violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
The application is allowed as above.
Sd/- RAJA VIJAYARAGHAVAN.V.
Judge Mrcs //True copy// P.S. To Judge