Abdul Rahman M.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 8257 of 2015 () ------------------------------- CRIME NO. 1168/2015 OF SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT -------------------- PETITIONERS/ACCUSED (1 TO 3) :
-------------------------------------------------- 1.
ABDUL RAHMAN M.P., AGED 49 YEARS, S/O. ABDULLA MOOLAYIL PUTHIYAPURAYIL HOUSE CHENGALAYI P.O., SREEKANDAPURAM THALIPARAMBU TALUK.
MUHAMMED SAHID C., AGED 35 YEARS, S/O. IBRAHIM CHERUKUNDAKATHU HOUSE CHENGALAYI P.O., SREEKANDAPURAM THALIPARAMBU TALUK.
3.
MUHAMMED ASHRAF V.C., AGED 39 YEARS, S/O. MAMMU VARAMBYMURIYAN CHAPPAYIL HOUSE CHENGALAYI P.O., SREEKANDAPURAM THALIPARAMBU TALUK.
BY ADV. SRI.D.AJITHKUMAR RESPONDENT/COMPLAINANT/STATE :
--------------------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ B.A No.8257 of 2015 ------------------------------------------------ Dated this the 21st day of December, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. Petitioners are the accused Nos.1 to 3 in Crime No.1168 of 2015 of Sreekandapuram Police Station registered for offences punishable under Sections 341, 323, 324 and 308 r/w Section 34 I.P.C.
3.
Prosecution case, in short, is that on 01-12-2015 at about 7.45 p.m., there was an altercation between the defacto complainant and the first accused near the Changalayi Jama Ath Mosque. It is alleged that the accused persons throttled the defacto complainant and hit with a small piece of an iron rod.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
Considering the nature of allegations and the nature of injuries, following directions are issued :
1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for
B.A No.8257 of 2015 2 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.
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.
//True copy// P.A to Judge amk