Abdul Bari K.T. v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7540 of 2015 () ------------------------------- CRIME NO. 1037/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT ---------------------- PETITIONERS/ACCUSED 1 & 3 :
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1. ABDUL BARI K.T., S/O.MOIDEENKUTTY, AGED 53 YEARS KALATHILOTHODI HOUSE, SANKARAMANGALAM, PATTAMBI, PALAKKAD DISTRICT.
2. MANSOOR S/O.MUHAMMED KUTTY, AGED 34 YEARS ETTILATHODI HOUSE, SANKARAMANGALAM PATTAMBI, PALAKKAD DISTRICT.
BY ADV. SRI.SUNNY MATHEW RESPONDENTS/COMPLAINANTS & STATE :
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1. SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION, PALAKKAD DISTRICT-678 001.
2. STATE OF KERALA (RESPONDENTS 1 & 2 REPRESSENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031).
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7540 of 2015 ------------------------------------------------ Dated this the 8th day of December, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.1 and 3 in Crime No.1037 of 2015 of Pattambi Police Station registered for offences punishable under Sections 143, 147, 148, 323, 427 and 308 r/w Section 149 I.P.C.
3.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4.
Prosecution case, in short, is that on 02-11-2015 at about 8.45 p.m., the accused as members of an unlawful assembly, armed with dangerous weapons, committed rioting and attacked the defacto complainant with a view to commit culpable homicide. Fourth accused used an iron block against the defacto complainant. Petitioners have not used any weapon.
5.
After hearing the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that custodial
B.A No.7540 of 2015 2 interrogation is not necessary in this case. Hence, following directions are made :
1. Petitioners shall surrender before the investigating officer within a period of two 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/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge