Kerala High Court
First Class Magistrate Court Vatakara vs By Advs.Sri.G.Sreekumar (Chelur) on 5 April, 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
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
Bail Appl..No. 2058 of 2018
AGAINST THE ORDER/JUDGMENT IN CRL.M.P.NO. 1773/2018 of JUDICIAL
FIRST CLASS MAGISTRATE COURT VATAKARA
CRIME NO. 222/2018 OF BADAGARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED
T.P.ABDUL KAREEM,
S/O.ABDULLA, AGED 32 YEARS, EDAKKANDY THAZHA POYIL HOUSE,
KANNINADA, THIRUVALLUR, VATAKARA.
BY ADVS.SRI.G.SREEKUMAR (CHELUR)
SRI.K.ASHIS
RESPONDENT(S)/COMPLAINANT:
STATION HOUSE OFFICER, VATAKARA POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA-682031.
BY SRI.SAJJU.S, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.AV
RAJA VIJAYARAGHAVAN V., J
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B.A. No.2058 of 2018
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Dated this the 5th day of April, 2018
ORDER
1. This petition is filed under Section 439 of the Cr.P.C.
2. The petitioner herein is the 1st accused in Crime No. 222/2018 of Vatakara Police Station registered under Sections 143, 147, 148, 323, 324, 326, 506 (ii) read with Section 149 of the IPC.
3. The prosecution allegation is that on 5.3.2018 at 3.30 p.m., while the de facto complainant and his friend were returning back home after attending a marriage function, the petitioner herein and the co-accused wrongfully restrained them and thereafter assaulted them with weapons and caused injuries.
4. The learned counsel appearing for the petitioner submitted that the allegations levelled against the petitioner are without basis. According to the learned counsel, ten persons were named by the de facto complainant when the First Information Statement was furnished. However, after investigation, it was found that accused Nos. 4 and 6 were not even at the scene of crime and they were deleted from BA..2058/2018 -:2:- the array of the accused.
5. The learned Public Prosecutor while opposing the prayer submitted that the de faco complainant had sustained a fracture of his distal radius and several others had also sustained minor injuries.
6. I have considered the submissions advanced and have perused the case diary.
7. It appears that substantial part of the investigation is over insofar as the petitioner herein is concerned. It is not reported that he is a person with criminal antecedents. The recovery of the weapon used has also been effected. Further detention in custody does not appear to be warranted.
8. In the result, this petition will stand allowed. The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) 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 following conditions.
a) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 AM and 1 PM, for two months or till final BA..2058/2018 -:3:- report is filed, whichever is earlier.
b) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
c) The petitioner shall not commit any offence while he is on bail.
d) The petitioner shall surrender his passport before the court below or if he does not have one, he 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 al/-xx