Faisal M.V. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 Crl.MC.No. 6234 of 2015 () --------------------------- CMP 1846/2015 of JUDICIAL FIRST CLASS MAGISTRTE COURT - II, PERAMBRA CRIME NO. 256/2015 OF ATHOLY POLICE STATION , KOZHIKODE DISTRICT ====================== PETITIONERS/ACCUSED NOS.2 AND 6:

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1. FAISAL M.V., AGED 26 YEARS S/O.AHAMMED HAJI, RAHMATH MANZIL CHERUVATHOOR KAITHAKKAD, KASARAGOD.

2. K.P.SIDDIQUE, AGED 39 YEARS S/O.AHAMMED HAJI, SALAMATH MANZIL PAYYANKI, KAITHAKKAD, KASARAGOD.

BY ADV. SRI.P.K.SUBHASH RESPONDENTS/STATE:

---------------------------------- STATE- REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6234 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE-AI: A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER AS C.M.P.NO.1843 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE COUR-II, PERAMBRA.

ANNEXURE-AII: A TRUE COPY OF THE APPLICATION IN C.M.P.NO.1846 OF 2015. ANNEXURE-AIII: A TRUE COPY OF THE COMMON ORDER DATED 20.8.2015 IN C.M.P.NO.1843 OF 2015 AND C.M.P.NO.1846 OF 2015 IN CRIME NO.256 OF 2015 OF ATHOLI POLICE STATION.

RESPONDENT'S EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.6234 of 2015 --------------------------------------- Dated this the 30th day of September, 2015

O R D E R

The petitioners herein are the accused Nos. 2 and 6 in Crime No.256/2015 of the Atholi Police Station. They were granted bail by the learned Magistrate on 05.08.2015, on certain conditions. The condition No.5 is that the petitioners "shall report before the investigating officer between 2 p.m. and 4 p.m. on alternate Saturdays, for three months". The said condition is sought to be lifted. On hearing both sides, I feel that the said condition can now be lifted. Though so many sections are seen incorporated, this is practically a case of assault and infliction of simple injuries with weapon. No doubt, the police must have completed major part of investigation. In such a situation, the impugned condition need not continue.

In the result, this Crl.M.C. is allowed. The condition No.5 imposed by the court below as per the order dated 05.08.2015 in CMP No.1813/2015 will stand deleted.

Sd/- P. UBAID, JUDGE sd