Abdul Rahiman @ Rahim vs The Station House Officer on 8 March, 2019

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Kerala High Court

Abdul Rahiman @ Rahim vs The Station House Officer on 8 March, 2019

Bench: B.Sudheendra Kumar

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

      FRIDAY,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

                      Bail Appl..No. 1509 of 2019

AGAINST THE ORDER/JUDGMENT IN CMP 962/2019 of JUDICIAL MAGISTRATE
         OF FIRST CLASS -II, KASARAGOD DATED 19-02-2019

     CRIME NO. 73/2019 OF Manjeswar Police Station , Kasargod



PETITIONER/S:


                ABDUL RAHIMAN @ RAHIM
                AGED 24 YEARS
                S/O. ABOOBACKER, ADUKATH, MIYAPADAV, MEENJA VILLAGE,
                KASARAGOD-671 322

                BY ADV. SMT.ANN SUSAN GEORGE



RESPONDENT/S:
       1      THE STATION HOUSE OFFICER
              MANJESHWAR POLICE STATION, KASARAGOD-671 323

      2         THE STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, ERNAKULAM-682 031



OTHER PRESENT:
             SMT.V.SREEJA,PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                               2

Bail Appl..No. 1509 of 2019




                          ORDER

The petitioner is the 2nd accused in Crime No.73 of 2019 of Manjeshwar Police Station registered for the offences punishable under Sections 324 and 308 read with Section 34 of IPC.

2. The prosecution allegation is that on 05.02.2019 at about 6.45 p.m., the petitioner and the other accused attempted to hit the Swift car of the accused against the motor cycle ridden by the de facto complainant. It is further appears that the accused persons threw stones at the motor cycle of the de facto complainant, causing a loss to the tune of Rs.12,000/- (Rupees twelve thousand only)to the de facto complainant.

3. Heard.

4. The petitioner was arrested on 08.02.2019 and ever since he has been in custody. 3 Bail Appl..No. 1509 of 2019

The learned Public Prosecutor has no serious objection in granting bail to the petitioner.

5. It appears that the petitioner did not inflict any bodily injury on the de facto complainant. It further appears that the major part of the investigation as regards the petitioner is almost complete. Considering the facts and circumstances of the case, including the period of detention of the petitioner and also the stage of investigation, I am inclined to grant bail to the petitioner.

In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.45,000/- (Rupees forty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Magistrate and subject to the following further conditions:-

1. The petitioner shall report before the Investigating Officer on every Monday 4 Bail Appl..No. 1509 of 2019 between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

2. The petitioner shall not get involved in any other offence during the pendency of this case.

3. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

Sd/-B.SUDHEENDRA KUMAR JUDGE nkr

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