Ajmeer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6875 of 2015 () ------------------------------- CRIME NO. 1669/2015 OF CHATHANNOOR POLICE STATION,KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED (STATUS NOT KNOWN):

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1. AJMEER, AGED 24 YEARS, (STATUS NOT KNOWN) S/O.ABDUL HAMEED, CHARUVILA VEEDU, PANKONAM, MUKHATHALA.P.O., KOLLAM DISTRICT.

2. VISHNU LAL, AGED 24 YEARS, (STATUS NOT KNOWN) S/O. VIJAYAN, AMBANATTU VILA VEEDU, PALAMUKKU, KANNANALLOOR, KOLLAM DISTRICT.

3. RAMEES.S., AGED 25 YEARS, (STATUS NOT KNOWN), VILIYIL PUTHEN VEEDU, THRIKKOVILVATTAM, KANNANALLOOR.P.O., KOLLAM DISTRICT.

BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/STATE :

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

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 30th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are the accused in Crime No.1669 of 2015 of Chathannoor Police Station registered for the offences punishable under Sections 143, 147, 148, 308, 427 and 354(B) r/w Section 149 of the Indian Penal Code. 3.

Gist of allegations levelled against the accused are that 20 persons in furtherance of their common object, formed themselves into an unlawful assembly on 09.09.2015 and restrained the motor cycle ridden by the defacto complainant and his wife and attacked him with deadly weapons.

4.

Heard both sides.

5.

Learned counsel for the petitioners submitted that this Court had granted anticipatory bail to the petitioners along with other accused. Since the petitioners could not execute the bond within the time stipulated in the anticipatory bail application, they were taken into

custody and now they are in remand.

6.

Considering the nature of allegations and passing of an order by this Court earlier, I am inclined to grant bail to the petitioners with the following conditions: (a) The petitioners shall be released on bail on their 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 learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioners shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(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