Ahammad Kabeer vs State Of Kerala on 4 October, 2018

[Cites 1, Cited by 2]

Kerala High Court

Ahammad Kabeer vs State Of Kerala on 4 October, 2018

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  THURSDAY, THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940

                    Bail Appl..No. 6505 of 2018

    CRIME NO. 300/2018 OF PANAMARAM POLICE STATION, WAYANAD


PETITIONER/ACCUSED:

      1        AHAMMAD KABEER, AGED 43 YEARS
               S/O MOIDEEN, MANJERI HOUSE,
               KAYAKUNNU P.O., PANAMARAM,
               WAYANADU DISTRICT.

      2        SHIHAB, AGED 32 YEARS
               S/O.MUHAMMED HANEEFA,
               PULLATHU HOUSE, KARIMBUMMAL P.O.,
               PANAMARAM, WAYANADU DISTRICT.

               BY ADVS.SRI.K.S.ARUN KUMAR
                       SRI.JUSTIN JACOB
                       SMT.RESMI THOMAS



RESPONDENT/COMPLAINANT:
             STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 031.

               BY SR. PUBLIC PROSECUTOR SRI. C. K. SURESH


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


                              ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicants herein are the accused Nos.3 and 4 in Crime No.300 of 2018 registered at the Panamaram Police Station under BA:6505/18 2 Sections 143, 144, 147, 148, 324, 308, 427, 452 and 294(b) r/w. Section 149 of the IPC.

3. On 3.9.2018 at 5 p.m., the applicants herein along with the rest of the accused are alleged to have formed an unlawful assembly and in prosecution of their common object, wrongfully restrained the de facto complainant and attacked him with weapons causing injuries.

4. The learned counsel appearing for the applicants asserts that they are innocent of all allegations. It is submitted that the accused Nos.1 and 2 in the aforesaid Crime were released on bail by this Court vide order dated 3.10.2018 in B.A. No.6207 of 2018.

5. Heard the learned Public Prosecutor and I have gone through the case diary which was made available. Considerable progress has been achieved insofar as the investigation is concerned and in that view of the matter, further detention in custody of the applicants does not appear to be required. They can now be released on bail on conditions.

In the result, this application will stand allowed. The applicants herein shall 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 court below. BA:6505/18 3 The above order shall be subject to the following conditions:

1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.

2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

3). They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V., JUDGE krj

Unlock Advanced Research with PRISMAI

Kerala High Court