O.T.Nisar Ahammed v. State
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q Bail Appl..No. 7144 of 2015 () ------------------------------- CRIME NO. 119/2015 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR --------- PETITIONER/ACCUSED NO.2 :
-------------------------------------------- O.T.NISAR AHAMMED S/O.IBRAHIM, AGED 32 YEARS ASHRAF MANZIL, KORANPEEDIKA PARAYIRAM PO, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S)/COMPLAINANT:
---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, THROUGH SHO PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DT.
BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7144 of 2015 -------------------------------------------- Dated this the 30th day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.119 of 2015 of Pariyaram Medical College Police station registered for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 353, 332 and 506(ii) read with Sec.149 of the Indian Penal Code. Prosecution case is short is that on 02.02.2015 at about 4.45 p.m., the petitioner and others had beat the Police Constables on duty and thereby obstructed them from discharging their official duty.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegation and has not committed any offence as alleged.
5. Learned Public Prosecutor opposed the bail application contending that the 1st accused attacked the
Bail Appl. No.7144 of 2015 2 Police officers with a key chain of a car and the petitioner attacked them with bear hands.
Considering the nature of allegations, pre arrest bail is granted to the petitioner with the following conditions.
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.25,000/- (Rupees twenty five 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 on all Saturdays between 10.00 a.m. and 11.00 a.m.
for a period of three months.
4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
Bail Appl. No.7144 of 2015 3 In case of violation of any of the above 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/30/11/2015 P.A. To Judge