Manaf v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Bail Appl..No. 7110 of 2015 () ------------------------------- CRIME NO. 1523/2015 OF KUNNATHUNADU POLICE STATION,ERNAKULAM DISTRICT ----------------------- PETITIONER(S)/ACCUSED:
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1. MANAF, AGED 27 YEARS,S/O. ABDUL KHADAR, AIMANAKUDIYIL HOUSE, VENGOLA P.O., CHELAKKULAM, ERNAKULAM DISTRICT.
2. SHERIF, AGED 24 YEARS,S/O. ABDUL KHADAR, AIMANAKUDIYIL HOUSE, VENGOLA P.O., CHELAKKULAM, ERNAKULAM DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA SMT.RESMI THOMAS RESPONDENT/COMPLAINANT/STATE :
--------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7110 of 2015 ------------------------------------------------ Dated this the 23rd day of November, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused in Crime No.1523 of 2015 of Kunnathunadu Police Station registered for offences punishable under Sections 447, 323, 451, 354 and 506(1) r/w Section 34 I.P.C. 3.
Prosecution case, in short, is that on 29-10-2015 at about 9.00 a.m., there was a wordy duel between the defacto complainant, a lady and mother of the petitioners. It is alleged that the petitioners meddled with the matter and wearing apparel of the defacto complainant was torn at the hands of the second petitioner in the incident. Admittedly, they are neighbours. 4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
Considering the nature of allegations, I find that bail can be granted to the petitioners with following directions :
1. Petitioners shall surrender before the investigating officer within a period of two
B.A No.7110 of 2015 2 weeks from today and submit themselves for interrogation. In that event, they shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2.
The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3 Petitioners shall appear before the Investigating Officer as and when directed.
4. Petitioners shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- amk A.HARIPRASAD, JUDGE.
//True copy// P .A to Judge