Kerala High Court
Chengenasheri Mujeeb vs The Sub Inspector Of Police on 17 July, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 17TH DAY OF JULY 2012/26TH ASHADHA 1934
Bail Appl..No. 4714 of 2012 ()
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(IN CRIME NO. 579/2012 OF KONDOTTY POLICE STATION, MALAPPURAM)
PETITIONER/1ST ACCUSED:
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CHENGENASHERI MUJEEB
S/O.ABDURAHIMANKUTTY, MANEYKUZHI HOUSE
VALIYAPARAMBA P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENT/COMPLAINANT/STATE :
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1. THE SUB INSPECTOR OF POLICE, KONDOTTY
POLICE STATION, MALAPPURAM DISTRICT,PIN - 676 638.
2. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM,KOCHI - 682 031.
BY PUBLIC PROSECUTOR SRI. SREEJITH.V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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N.K.BALAKRISHNAN, J.
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B.A. No.4714 of 2012
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Dated this the 17th day of July 2012
O R D E R
Petitioner is the first accused in Crime No.579/2012 of Kondotty Police Station. The offences alleged against him and other accused are under Secs.323 and 326 r/w 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The incident took place at about 3.30 PM on 2.6.2012. It is alleged that there was a dispute with regard to a pathway and the levelling of the steps. There was some altercation, the learned counsel for the petitioner submits. It is further submitted that a counter crime No.566/2012 was registered under Secs.323 and 326 r/w 34 IPC against the de facto complainant and others. In that case, petitioner's brother was stated to have sustained fracture attracting the offence under Sec.326 IPC. In this case, the B.A. No.4714 of 2012 -: 2 :- complainant sustained communated fracture to his right II metacarpal bone. His mother also sustained injury.
3. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioner but on the following conditions:
a. The accused shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original B.A. No.4714 of 2012 -: 3 :- title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. B.A. No.4714 of 2012 -: 4 :-
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.BALAKRISHNAN, JUDGE.
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