Kerala High Court
Rafeeque vs The Sub Inspector Of Police on 19 August, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938
Bail Appl..No. 5979 of 2016 ()
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CRIME NO. 680/2016 OF SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT.
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PETITIONERS/ACCUSED NOS. 1 TO 3:
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1. RAFEEQUE,
AGED 35 YEARS, S/O. ABDUL RAHIMAN,
PILATHOTTATHIL HOUSE, VENNAKKAD,
PADANILAM, KOZHIKODE.
2. ABDU RAHIMAN,
AGED 42 YEARS, S/O. EBRAHIM,
YERERAKKAL HOUSE, PADANILAM,
KOZHIKODE.
3. JUNAIS,
S/O. SAIDALI, AGED 25 YEARS,
KOONATHIL HOUSE, VAVAD P.O.,
VAVAD AMSOM, KOZHIKODE.
BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT.
RESPONDENTS/COMPLAINANT AND STATE:
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1. THE SUB INSPECTOR OF POLICE,
SULTHAN BATHERY POLICE STATION,
WAYANAD DISTRICT-673 592.
2. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
P.UBAID, J.
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B.A No.5979 of 2016
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Dated this the 19th day of August, 2016
O R D E R
The petitioners herein are the accused Nos.1 to 3 in Crime No.680/2016 of the Sulthanbathery Police Station, registered under Sections 3 r/w 25(1B)(a), 35 of the Arms Act. This is their second application for regular bail under Section 439 of the Code of Criminal Procedure. Their first application was dismissed by this Court on 3.8.2016. The petitioners have been in judicial custody since 17.7.2016.
2. The prosecution case is that on 17.7.2016 these three petitioners were found unauthorisedly transporting a huge amount of 3,22,57,100/- in a vehicle. They were arrested on the spot by the police and the amount along with a revolver found in possession of the petitioners were seized as per mahazar. It is alleged that on scrutiny and verification, the currency seized from the possession of the accused were found containing fake currency of 7,000/- also. The police could detect two fake currency of 1,000/- and 10 fake currency of 500/-.
B.A No.5979 of 2016 2
3. This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the investigating officer, I find that investigation as against these petitioners is practically over, and that the petitioners can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioners in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.
In the result, this application for bail is allowed. The petitioners will be released on bail on their executing a bond with two solvent sureties for 50,000/- (Rupees fifty thousand only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioners shall report before the B.A No.5979 of 2016 3 Investigating Officer between 10.00 am and 11 am on all Thursdays for a period of two months.
b. The petitioners shall not leave the limits of Sulthanbathery Police Station for two months.
c. The petitioners shall not in any manner influence or intimidate the witnesses and they shall not have any contact with the material witnesses directly or over telephone or otherwise.
d. The petitioners shall make themselves available for interrogation as and when required by the investigating officer even after the expiry of the period of two months.
Sd/-
P.UBAID JUDGE //True Copy// P.A to Judge ab