Faizal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7737 of 2015 ------------------------------------- CRIME NO. 1222/2015 OF PANANGAD POLICE STATION, ERNAKULAM -------------------- PETITIONER/3RD ACCUSED:

---------------------------------------- FAIZAL, AGED 34 YEARS, S/O KAREEM, MEKKATTUPARAMBIL HOUSE, NETTOOR P.O., ERNAKULAM-682040.

BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.K.P.UNNIKRISHNAN (ELOOR) SRI.P.R.VIBHU SRI.K.V.PREMSANKAR SMT.RESHMA ABDUL RASHEED RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 11th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2. Petitioner is the 3rd accused in Crime No.1222 of 2015 of the Panangadu Police Station registered for the offences punishable under Sections 452, 427, 294(b) and 506(ii) r/w Section 34 of the Indian Penal Code. 3.

Prosecution case is that on 24.11.2015 at about 10.30 p.m., the accused persons trespassed into the house of the defacto complainant and destroyed the chairs in the house. They used filthy language against the defacto complainant.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner has not done any overtact. 6.

Learned Public Prosecutor submitted that there is no allegation that the petitioner used any weapon. 7.

Considering the nature of the allegations, I am

inclined to grant anticipatory bail with the following conditions:

(a) The petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) 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.

(c) The petitioner shall co-operate with the investigation of the case.

(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