Kerala High Court
Ansar @ Ansar Faizal vs State Of Kerala on 16 October, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934
Bail Appl..No. 7547 of 2012 ()
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CRIME NO. 937/2012 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT
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PETITIONERS /ACCUSED NO. 4 & 5 :
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1. ANSAR @ ANSAR FAIZAL, AGED 21 YEARS
S/O.AMEER, THEKKE SANKARATHIL VEEDU, KADAKKADU MURI
KURAMBALA VILLAGE, ADOOR.
2. SHAFEEK, AGED 22 YEARS
S/O.SAINUDDEEN, PANCHALAYAM VEEDU,
KADAKKADU MURI, KURAMBALA VILLAGE, ADOOR.
BY ADVS.SRI.E.RAFEEK
SRI.GOKUL DAS V.V.H.
RESPONDENT/COMPLAINANT :
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI. C. RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-10-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN,J.
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B.A.No.7547 OF 2012
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Dated this the 16th day of October, 2012
ORDER
The petitioners are accused Nos.4 and 5 in Crime No.937 of 2012 of Chengannur Police Station for having committed offences punishable under Sections 120B, 143, 144, 147, 148, 342, 323, 324, 307, 302 and 212 read with 149 IPC.
2. The incident which gave rise to the case occurred on 16.7.2012 at 10.45 am, on account of their political rivalry with ABVP workers, the accused persons in furtherance of their common object to commit culpable homicide formed themselves into an unlawful assembly went near the Christian College, Chengannur armed with deadly weapons and allegedly attacked the defacto complainant Vishnu Prasad, one Vishal Kumar and Sreejith and caused serious injuries to them. The above named Vishal succumbed to his injuries on 17.7.2012.
3. The petitioners would say that they are innocent and falsely implicated in the case with ulterior motive. They also pointed out that they have been in custody from 19.7.2012 and their continued custody is unnecessary. Therefore, they seek for bail.
4.The learned Public Prosecutor opposed the petition pointing out that the offences are grave in nature.
5. A good part of the investigation must have been over. There is no apprehension expressed by the prosecution that if released on bail, the B.A.No.7547 OF 2012 2 petitioners are likely to abscond. In the above circumstance, this petition is allowed as follows:
1) Each of the petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM-I, Chengannur.
2) The petitioners shall make themselves available for interrogation by the Investigating Officer and they shall appear before the Investigating Officer on all Mondays between 9.00 am and 10.00 am until further orders.
3) The petitioners shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they shall file an affidavit to that effect, before the learned Magistrate.
4) The petitioners will also file an affidavit to the effect that they will abide by the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to B.A.No.7547 OF 2012 3 dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
5) The petitioners shall not enter into the Police Station limits of Chengannur Police Station except for the purpose of complying Condition No.2.
6) The petitioners shall not leave the State of Kerala without the prior permission of the learned Magistrate.
7) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc. P.BHAVADASAN, JUDGE cms