Riyaz v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 6970 of 2015 ------------------------------- CRIME NO. 790/2015 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT. .......

PETITIONERS/ACCUSED:

------------------------------------ RIYAZ, AGED 25 YEARS, S/O MONUDHEEN, KORALOTH HOUSE, OMANOOR P.O., CHERUVAYOOR, MALAPPURAM, PIN:673645.

BY ADV. SRI.R.ABDUL AHAD RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 13th day of November, 2015

O R D E R

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

2.

Petitioner is the 1st accused in Crime No.790 of 2015 of Vazhakkad Police Station registered for the offences punishable under Sections 452, 308 & 427 r/w Section 34 of the Indian Penal Code.

3.

Prosecution case is that on 19.10.2015 at about 10.30 p.m., the accused 1 and 2 in furtherance of their common intention attacked the defacto complainant with a signboard causing injuries.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the entire allegation is false. He is in custody from 20.10.2015 onwards.

6.

Considering the nature of the allegations and the stage of investigation, I am inclined to grant bail to the petitioner with the following conditions:

(a) The petitioner shall be released on bail on his executing a bond for `25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties 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 petitioner 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 petitioner shall not intimidate or attempt to influence the witnesses.

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

(f) The petitioner 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