M.Ashraf v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No. 9184 of 2014 () ------------------------------- CRIME NO. 1561/2014 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT ----------------------- PETITIONERS/ACCUSED NO.1, 2 AND 4 :
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1. M.ASHRAF S/O. KADEEJA, AGED 44 YEARS MUKRI HOUSE, CLERK, SABTM SCHOOL THAYINERI, P.O. PAYYANNUR, KANNUR DISTRICT.
2. C. ASHOKAN, S/O. NARAYANAN, AGED 44 YEARS THAYINERI, KAPPAD, P.O. PAYYANUR KANNUR DISTRICT.
3. A.K. BINOY, S/O. BALAKRISHNAN K., AGED 29 YEARS, 'AMBADI', KARAYIL PO. ANNUR, KANNUR DISTRICT.
BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT :
----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
BY PUBLIC PROSECUTOR SRI. N. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.9184 of 2014 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June 2015
O R D E R
The petitioners are accused Nos.1, 2 and 4 in Crime Nos.1561/2014 of Payyanur police station registered under Sections 143, 147, 148, 324, 341 and 452 read with Section 149 I.P.C.
2. The prosecution allegation is that on 6.12.2014 at 7.30 p.m., the petitioners and the other accused trespassed into the rented room of the defacto complainant and attacked him. The petitioners have filed this application
praying for the relief under Section 438 Cr.P.C.
3. Heard. Perused the Case Diary.
4. The learned Public Prosecutor has no serious objection in allowing the application.
5. It appears from the case diary that the only nonbailable offence alleged against the petitioner is the offence under Section 452 I.P.C. Considering the facts and circumstances of the case, including the submission of the learned Public Prosecutor, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioners. In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in connection with Crime No.1561/2014 of Payyanur police station, on condition of
each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Sub Inspector of Police, Payyannur Police Station before whom the petitioners shall surrender within ten days and subject to the following further conditions:
(i) The petitioners shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.
(ii) The petitioners shall not enter into the jurisdiction of Payyannur police station for three months without the leave of the learned
Magistrate, except for the purpose of reporting before the Investigating officer, as directed above. (iii) The petitioners shall not get involved in any offence during the pendency of this case. (iv) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
sd B.SUDHEENDRA KUMAR, JUDGE dl // TRUE COPY // /PA TO JUDGE /