Kerala High Court
Ramees .K vs State Of Kerala on 14 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
Bail Appl..No. 6625 of 2012 (C)
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[CRIME NO.238/CR/KNR/09 CBCID, KANNUR (CRIME 816/2009 OF
KASARAGOD POLICE STATION, KASARAGOD DISTRICT]
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PETITIONER/ACCUSED NO.9:
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RAMEES .K., S/O ABDUL RAHIMAN, AGED 22 YEARS,
DAYA MANZIL, ATHINJAL,
AJANUR VILLAGE, NOW RESIDING AT ALSAFA QUARTERS,
BEHIND NOOR MAHAL, PADINCHAREKKARA, AJANUR VILLAGE,
KASARAGOD DISTRICT.
BY ADV. SRI.VINOD VALLIKAPPAN.
RESPONDENT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. SREEJITH.V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14-09-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
P.BHAVADASAN, J.
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BA No.6625 of 2012-C
---------------------------------------------------- Dated this the 14th day of September 2012 Order This is an application filed under Section 439 of Cr.PC., by the 9th accused in Crime No.238/CR/KNR/09 CBCID Kannur (Crime No.816/09 of Kasaragod Police Station), for having committed the offences punishable under Sections 143, 147, 148, 353, 332, 333, 427, 307 r/w 149 IPC and Setion 3(I) of the PDPP Act. The allegation against the petitioner is that he is involved in an incident that led to police firing during the reception given to the Muslim League President on 15.11.2009. The learned counsel for the petitioner submits that the petitioner is totally innocent and he has been implicated with ulterior motives. The petitioner was arrested on 3.8.2012 and since then, he has been in judicial custody. Therefore, according to the learned counsel, a good part of the investigation must have been completed and the continued custody of the petitioner is unnecessary. So, he prays for grant of bail.
BA6625/12 2
2. The learned Public Prosecutor very vehemently opposed the application and pointed out that the petitioner is involved in yet another crime i.e. Crime No.268/08 which is included in the list of long pending cases. It is also submitted by the learned Public Prosecutor that the investigation is only at an infant stage and if bail is granted to the petitioner, it will hamper the investigation. He, therefore, prays that bail may not be granted to the petitioner.
3. Whether the petitioner is actually involved in the crime or not, is not a matter to be decided at this point of time. It is true that the petitioner had earlier absconded in another crime. But the fact remains that he has been in custody since 3.8.2012 and the investigation must have progressed to a good extent. So, it is felt that the continued custody of the petitioner is unnecessary. In the facts and circumstances of the case, it is felt that bail can be granted to the petitioner. Accordingly, this application is allowed and the petitioner shall be released on bail subject to the following conditions :
1. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the BA6625/12 3 like sum each to the satisfaction of the JFCM-I, Kasaragod.
2. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.
3. The petitioner shall report before the Investigating Officer on every Monday between 10 am and 11 am, till final report is filed.
4. The petitioner shall surrender his passport before the court below.
5. The petitioner shall not leave the jurisdiction of the JFCM Court, Kasaragod without the permission of the JFCM, Kasaragod.
6. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
7. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned on being satisfied of the said fact, may take such proceedings as are available to him in law.
P.Bhavadasan, Judge sta BA6625/12 4 BA6625/12 5