Kerala High Court
Dated This The 7Th Day Of August 2015 vs Unknown on 7 August, 2015
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY,THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937
Bail Appl..No. 4548 of 2015
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CRIME NO. 2233/2015 OF ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT.
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PEITIONERS/ACCUSED NO 1 & 2:
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1. YOUSEF, AGED 43 YEARS,
S/O.ISMAIL, MALLISSERY HOUSE,
EDAYAPPURAM KARA, KEEZHMADU.
2. SIYAB @ SHIHAB, AGED 35 YEARS,
S/O.BUHARI, ANNAMPILLY PARAMBIL HOUSE,
EDAYAPPURAM KARA, KEEZHMADU.
BY ADVS.SRI.ALAN PAPALI
SRI.NISHIL.P.S.
SRI.J.VIMAL
SRI.ANTONY ROBERT DIAS
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
(CRIME NO 2233/2015 OF ALUVA EAST POLICE
STATION)SUB INSPECTOR OF POLICE,
ALUVA EAST POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
K. ABRAHAM MATHEW, J.
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B.A. No.4548 of 2015
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Dated this the 7th day of August 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioners are accused in Crime No.2233 of 2014 of Aluva East Police station registered for the offences under Secs.143, 144, 147, 148, 120(b), 362, 354A, 341, 342, 323, 324, 506(ii) and 395 read with Sec.149 of the Indian Penal Code, Sec.27 of the Arms Act and Sec.23 of the Juvenile Justice Act. The prosecution case is that they entered into a criminal conspiracy with the co-accused pursuant to which, they wrongfully confined the victim, threatened and assaulted her and robbed her of her gold ornaments.
3. Heard both sides.
4. Learned counsel submits that the petitioners have been in custody since 12.07.2015 and they may be granted bail.
5. Their further detention is not necessary for B.A. No.4548 of 2015 2 completion of the investigation.
In the result, the bail application is allowed.
1) The petitioners will 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 learned Magistrate concerned.
2) The petitioners shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Thursday for four months or till the final report is filed, whichever is earlier.
3) They shall not enter the local limits of Aluva East Police station for two months except for complying with the direction in this order or with the previous permission of the court concerned.
4) They shall surrender their passports before the lower court concerned or if they do B.A. No.4548 of 2015 3 not have the one, file affidavits to that effect.
5) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
6) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
7) They shall not intimidate or attempt to influence the witnesses.
8) They shall co-operate with investigation of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW
JUDGE
/ True Copy /
NS P.A. To Judge