Navaz v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Bail Appl..No. 6858 of 2015 ------------------------------- CRIME NO. 2452/2015 OF MATHILAKOM POLICE STATION, THRISSUR DISTRICT. ...........

PETITIONER:

------------------- NAVAZ, AGED 43, S/O.HAMZA, KALIPARAMBATH, PUNNAKA BAZAR DESOM, MATHILAKOM VILLGE, KODUNGALLUR TALUK, MATHILAKOM.

BY ADVS.SRI.K.B.PRADEEP SRI.MILESH.V.PAVIYALA RESPONDENT(S):

--------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLOOR -680 001.

3. INSPECTOR OF POLICE, MATHILAKOM POLICE STATION, THRISSUR DISTRICT - 680 001.

*ADDL. R4 IMPLEADED

4. NAHAB, AGED 32, S/O.KUNJU KOHAMMED, PUTHIYAVEETTIL, PERINJANAM, KODUNGALLOOR, KODUNGALUR TALUK.

ADDL. R4 IS IMPLEADED AS PER ORDER DATED 04.12.2015 IN CRL.M.A.10734/2015 IN BA.6858/2015.

R1 TO R3 BY PUBLIC PROSECUTOR SMT.R.REMA ADDL.44 BY ADV. SRI.SUMAN CHAKRAVARTHY THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.6858 of 2015 -------------------------------------------- Dated this the 4th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the sole accused in Crime No.2452 of 2015 of Mathilakom Police station registered for the offences punishable under Secs.341, 324 and 307 read with Sec.34 of the Indian Penal Code. Prosecution case that, on 24.10.2015, the petitioner stabbed the defacto complainant with a knife.

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

4. Learned counsel for the petitioner submitted that the petitioner also sustained injury in the incident and he was also taken to hospital. It is also submitted that the matter has been settled between the parties.

5. Taking note of the fact that this is a non compoundable offence, I am not entering into any finding regarding the settlement of the case. However, following directions are issued in this matter for effective

Bail Appl. No.6858 of 2015 2 investigation.

1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released 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 investigating officer.

3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

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

5. The petitioner shall co-operate with investigation of the case.

In case of violation of any of the above

Bail Appl. No.6858 of 2015 3 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/04/12/2015 P.A. To Judge