Kerala High Court
Abdul Rahiman vs State Of Kerala on 21 March, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939
Bail Appl..No. 1874 of 2018
CRIME NO. 237/2018 OF HOSDURG POLICE STATION , KASARAGOD
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PETITIONER(S)/ACCUSED:
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1 ABDUL RAHIMAN,
AGED 38 YEARS,(A1)
S/O.MUHAMMED KUNHI, PALLY QUARTERS, NEAR SWAMI MUTT,
KALLURAVI, KANHANGAD, KASARAGOD DISTRICT.
2 RAMSHEED C.H.,
AGED 27 YEARS (A2) RAHMATH MANZIL,
KALLURAVI, KANHANGAD, KASARAGOD DISTRICT.
3 ANVAR.K.M.,
AGED 24 YEARS, (A3), S/O.BASHEER, KALLURAVI QUARTERS,
KANHANGAD, KASARAGOD DISTRICT.
4 AZEEZ,
AGED 26 YEARS (A7), S/O.BASHEER,
KALLURAVI, KANHANGAD, KASARAGOD DISTRICT.
BY ADV.SRI.T.K.VIPINDAS
RESPONDENT(S)/COMPLAINANT::
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM REPRESENTING
S.H.O HOSDURG POLICE STATION, KASARAGOD DISTRICT.
R BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AD
RAJA VIJAYARAGHAVAN V, J
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B.A No.1874 of 2018
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Dated this the 21st day of March, 2018
ORDER
1.This petition is filed under Section 439 of the Code of Criminal Procedure.
2.The petitioners herein are the accused Nos.1 to 3 and 7 in Crime No.237 of 2018 of Hosdurg Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 308 of the IPC.
3.Allegation is that on 04.03.2018 at 7.30p.m., the petitioners herein along with the rest of the accused formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the informant and his friend and assulted them with weapons causing injuries.
4.The learned counsel appearing for the petitioners submitted that the petitioners were arrested on 06.03.2018 and prays for their release.
5.The learned Public Prosecutor has opposed the prayer.
6.I have considered the submissions advanced and have gone B.A No.1874 of 2018 2 through the wound certificate. The injuries does not appear to be very serious.
7. Having regard to the nature and gravity of the allegations, the injuries sustained, the materials in support thereof, the character and antecedents of the petitioners, the stage of investigation and attendant facts, I am of the view that the petitioners can now be enlarged on bail.
8.In the result, this petition will stand allowed. The petitioners shall be released on bail on their executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the folowing conditions:
1). The petitioners shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier.
2). The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
3). The petitioners shall not commit any offence while he is on bail.
4).The petitioners shall surrender his B.A No.1874 of 2018 3 passport before the court below or if they do not have one, they shall file an affidavit to that effect within five days of his release.
Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY// P.A TO JUDGE AD