Kerala High Court
Jamshi vs State Of Kerala on 14 May, 2013
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 14TH DAY OF MAY 2013/24TH VAISAKHA 1935
Bail Appl..No. 3452 of 2013 ()
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CRIME NO. 299/2013 OF NADAPURAM POLICE STATION , KOZHIKODE DISTRICT
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PETITIONER/ACCUSED NO.2:
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JAMSHI, AGED 26 YEARS,
S/O.HAMEED, KANDIYIL HOUSE, MUTHUVADATHUR,
PURAMERI.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRA KRISHNAN
RESPONDENT/STATE:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
(CRIME NO.299/2013 OF NADAPURAM POLICE STATION,
KOZHIKODE DISTRICT).
BY PUBLIC PROSECUTOR SRI. ROY THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14-05-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
K.RAMAKRISHNAN, J.
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B.A.No.3452 Of 2013
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Dated 14th May, 2013
ORDER
This is an application for bail filed by the second accused in Crime No.299/2013 of Nadapuram Police Station under Section 439 of Cr.P.C. The case of the prosecution in the nut shell was that the petitioner along with others with an intention to commit murder of the defacto complainant inflicted injuries on him on 27/4/2013 at 9.30 p.m with deadly weapons like iron rod etc. and thereby they have committed the offences punishable under Sections 324 and 307 read with Section 34 of I.P.C.
2. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case due to political rivalry. He is in jail from 28/4/2013 onwards. BA 3452/13 2
3. The application was opposed by the Public Prosecutor on the ground that investigation is not over and other accused persons have to be arrested.
4. Heard both sides. Perused the case diary. It is seen from the records that the above case was registered on the basis of the statement given by the injured defacto complainant alleging offence under Sections 324 and 307 read with Section 34 of I.P.C against two named persons including the present petitioner and one identifiable person. It is also seen from the records that the petitioner was arrested on 28/4/2013 and he is in jail from that day onwards. It is true that the first accused is yet to be arrested and it is submitted by the counsel for the petitioner that anticipatory bail filed by the first accused is pending before Sessions Court, Kozhikode. I have perused the wound certificate which shows that the injuries are not so grievous. Recovery of iron rod has been effected. It is alleged BA 3452/13 3 in the first information statement that the injured belong to CPI (M) party while accused belong to SDPI party. I am not at this stage going into the question as to whether the allegations are sufficient to attract the offence under Section 307 of I.P.C or the petitioner has been falsely implicated in the case due to political rivalry as claimed by the counsel for the petitioner. The Prosecutor has no case that the petitioner has got any previous criminal background. His custody is not required any more in connection with the investigation. Apprehension of the prosecutor that if bail is granted, he is likely to influence the witnesses and interfere with the investigation can be removed by imposing stringent conditions. Considering the period of pre-trial detention of the petitioner, I feel that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
1) The petitioner shall be released on bail on his BA 3452/13 4 executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Nadapuram.
2) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
3) The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required by him in writing him to do so till the final report is filed.
4) The petitioner shall not enter the jurisdiction of Nadapuram police Station except for the purpose of complying with conditions 2 and 3 without getting prior permission from Judicial First Class Magistrate, Nadapuram till the final report is filed.
BA 3452/13 5
5) The petitioner shall not intimidate or influence the witnesses.
6) The petitioner shall surrender his passport if any, before Judicial First Class Magistrate, Nadapuram within one week from the date of his release. If he is not having any passport, he shall file an affidavit to that effect before that Court within that time.
7) The petitioner shall not leave State of Kerala without getting prior permission either from Judicial First Class Magistrate, Nadapuram or from the Court to which the case will be committed for trial till the disposal of the case.
(K.RAMAKRISHNAN) JUDGE.
uj.