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Kerala High Court

Unknown vs By Adv.Sri.Zubair Pulikkool on 9 March, 2018

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

                THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

             FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939

                               Bail Appl..No. 895 of 2018

              CRIME NO.357/2017 OF EDACHERY POLICE STATION , KOZHIKODE.
                                       ------



PETITIONER(S)/ACCUSED
---------------------


     MUHAMMAD HAMJAD,
     S/O.HAMEED, AGED 23, PUTHAN PURAYIL HOUSE,
     VYKKILISSERY, VATAKARA, KOZHIKODE DISTRICT.


        BY ADV.SRI.ZUBAIR PULIKKOOL


RESPONDENT(S)/COMPLAINANT:
--------------------------

     STATE OF KERALA,
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM-682031.



     BY PUBLIC PROSECUTOR SRI.AJITH MURALI


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-03-2018,
     THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



TS

                    K.P.JYOTHINDRANATH, J.
                  ----------------------------------
                       B.A.No.895 of 2018
                   --------------------------------
                Dated this the 9th day of March, 2018

                              ORDER

This application is filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime no.357 of 2017 of Edacherry Police Station, Kozhikode district. The offences alleged are under Sections 465, 468, 471, 420, 489A, 489D, 489D read with Section 34 of the IPC.

3. The petitioner was arrested on 10.12.2017. When the petition came up for hearing, the learned counsel submitted before this court that 90 days are over.

4. I heard the learned Public Prosecutor.

5. Prosecutor submitted before this Court that charge not yet filed. Thus, considering the totality and nature of the offence, default bail is granted on the following conditions.

1). The petitioner shall be released on bail on his executing a bond for Rs. 1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court below.
2).The petitioner shall appear before the B.A.No.895 of 2018 2 Investigating Officer on all Saturdays in between 10 am and 12.00 pm until the charge sheet is filed.
3). Petitioner shall surrender his passport before the court below within 10 days of release from the jail. If he is not having a passport in his possession, he shall file an affidavit to that effect before the court below within the above stipulated time.
4). The petitioner shall not leave the limits of the revenue district of Kozhikode without the prior permission of the court below. It is further made clear that if the Investigating Officer is outside the revenue district of Kozhikode then the travel beyond Kozhikode district for the purpose of compliance of the above conditions or for appearance before the Investigating Officer or the trial court will not be a violation of this condition.
5). The petitioner shall not influence or intimidate the witnesses.
6). The petitioner shall co-operate with the investigation.

On the above conditions, this regular bail application is allowed.

Sd/-

K.P.JYOTHINDRANATH, J.

JUDGE IAP //True Copy\\ P.A to Judge