Ahammed Kutty Moulavi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Bail Appl..No. 8768 of 2014 () ------------------------------- CRIME NO. 686/2014 OF IRIKKUR POLICE STATION, KANNUR DISTRICT ---------------- PETITIONERS/ACCUSED NO. 1 TO 5 :

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1. AHAMMED KUTTY MOULAVI S/O.KHADER, AGED 42 YEARS, MADRASSA TEACHER PALAKKAL PUTHIYAPURAYIL HOUSE, BLATHUR, KALLIAD P.O. KALLIAD AMSOM, IRITTY TALUK, KANNUR DISTRICT.

2. ANSAR K., S/O.MUHAMMEDALI, AGED 24 YEARS KUNNUMPURATH HOUSE, BLATHUR KALLIAD P.O., KALLIAD AMSOM, IRITTY TALUK KANNUR DISTRIACT.

3. SHARAFUDHEEN S/O.MOIDEEN KUTTY, AGED 34 YEARS, OFFICE ATTENDANT LOCAL SELF GOVERNMENT DEPARTMENT, ZEENATH MANZIL CHANDROTH, BLATHUR, KALLIAD P.O.

KALLIAD AMSOM, IRITTY TALUK, KANNUR DISTRICT.

4. HARIS P., S/O.ABOOBACKER, AGED 19 YEARS PUTHIYA PURAYIL HOUSE, BLATHUR KALLIAD P.O., KALLIAD AMSOM, IRITTY TALUK KANNUR DISTRICT.

5. V.V. SHIHABUDHEEN S/O.UMMER, AGED 19 YEARS VAYALAM VALAPPIL HOUSE, BLATHUR KALLIAD P.O., KALLIAD AMSOM, IRITTY TALUK KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH ...2/-

Bail Appl..No. 8768 of 2014 () -2RESPONDENT/COMPLAINANT : ----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH S.H.O., IRIKKUR POLICE STATION KANNUR DISTRICT.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

B.KEMAL PASHA, J.

================ ======================= Dated this the 9th day of January, 2015

O R D E R

Petition under Section 438 Cr.P.C.

2.

Petitioners are accused Nos.1 to 5 in Crime No.686/2014 of Irikkur Police Station, Kannur, registered for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 427 & 308 read with Section 149 IPC.

3.

The allegation against the petitioners is that on 13.11.2014 at about 10 p.m., they formed themselves into an unlawful assembly, committed rioting, and rioting armed with deadly weapons and trespassed into the house of the de facto complainant and the 1st accused repeatedly inflicted blows on the head of the de facto complainant with the iron rod. The allegation against other petitioners is that they have slapped and stamped the de facto complainant and his mother.

4.

Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

5.

It seems that the main overt act alleged against the 1st accused is that he had allegedly beat the de facto complainant with an iron rod. The wound certificates do not show necessary ingredients to bring out an offence under Section 308 IPC in the matter. The weapon allegedly used by the 1st accused has been recovered. Considering the facts and circumstances of this case and the present stage of the prosecution, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.

6.

In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond

for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 16.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier. (ii) The petitioners shall not tamper with the evidence or influence witnesses.

(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

(iv) The petitioners shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE stu // True Copy // PA to Judge