IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE17H DAY OF JULY201426TH ASHADHA, 1936 BAIL APPL. NO. 5220 OF2014() ------------------------------- CRIME NO.734/2014 OF MANJERI POLICE STATION , MALAPPURAM -------------------------------- PETITIONER(S)/ACCUSED NO.5: -------------------------- HAFSAL RAHMAN, AGED19YEARS, S/O.ASHRAF, ULAKKAPPARAMBIL HOUSE, MANJERI AMSOM MUTTIPPALAM, MANCHERI. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S)/STATE: ------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. (CRIME NO.734/2014 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT) BY PUBLIC PROSECUTOR SRI. ABDUL RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1707-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.5220 of 2014 -------------------------------------------- Dated this the 17th day of July 2014 ORDER
Petitioner is the 5th accused in Crime No.734 of 2014 of the Manjeri Police station for the offences punishable under Secs.143, 147, 148, 323, 324, 326, 307 and 506(i) read with Sec.149 of the Indian Penal Code, is in custody from 28.06.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 27.06.2014 at about 5.40 p.m., the petitioner and others attacked the defacto complainant with iron rod, iron pipe, urumi etc. The petitioner used urumi. The defacto complainant suffered hurt/grievous hurt. The weapon used by the petitioner is not recovered.
3. Learned counsel submitted that the petitioner is in custody from 28.06.2014. He is aged 18-19 years and a student. The petitioner is not involved in any other case. According to the learned counsel, the Bail Appl. No.5220 of 2014 2 defacto complainant and others destroyed a waiting shed and concerning that, there was a mediation. The petitioner also participated in that mediation. He was attacked by the defacto complainant and others and sustained injuries.
4. It is revealed that some other accused have filed applications under Sec.438 of the Cr.P.C. before the learned Sessions Judge.
5. So far as the 1st petitioner is concerned, he is in custody from 28.06.2014 and is not reported to be involved in any other case from the Manjeri Police station. Considering his age and as he is not reported to be involved in any other case, I am inclined to grant bail to the petitioner but subject to conditions and from a future date since investigation is not completed.
6. I make it clear that the learned Sessions Judge who is hearing the applications under Sec.438 of the Cr.P.C. has to decide those applications on its merit. Application is allowed as under : Bail Appl. No.5220 of 2014 3 I. Petitioner is granted bail in Crime No.734 of 2014 of the Manjeri Police station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions. a) whether or not he/she has landed property, one of the sureties shall be the father/ mother/ brother/ close relative of the petitioner. b) Petitioner shall surrender his passport before the learned magistrate while executing the bail bond and incase he has none, file affidavit to that effect. c) Petitioner shall report to the SHO, Malappuram Police station on every alternate Saturday between 10.00 am and 12.00 pm for a Bail Appl. No.5220 of 2014 4 period of two months or until filing of the final report, whichever is earlier. d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Except if necessary for compliance with conditions Nos.(c) and (d), the petitioner shall not, until otherwise ordered and except with the permission of the learned magistrate (until committal of the case if any and thereafter of the learned Principal Sessions Judge concerned) enter local limits of the Manjeri Police station unless it is to attend any Court. f) Petitioner shall not get involved any offence during the period of this bail. g) Petitioner shall not influence or intimidate the witnesses. h) In case any of condition nos.(c) to (g) is violated, it is open to the investigating officer Bail Appl. No.5220 of 2014 5 to file application before the learned magistrate /Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. II. It is directed that since investigation is not completed, this order granting bail will take effect only from 22.07.2014. III. In case the passport is surrendered and is required to be returned for any purpose for any specific period, it is open to the petitioner to request the learned magistrate/Principal Sessions judge as aforesaid for such release. IV. If any such application is preferred, the learned magistrate/Principal Sessions Judge shall consider the application having regard to all relevant circumstances including stage of investigation/trial and pass orders if necessary imposing additional conditions and additional Bail Appl. No.5220 of 2014 6 security from the petitioner. V. Incase such request is allowed, it is open to the learned magistrate/Principal Sessions Judge to modify the conditions above mentioned to facilitate travel of the petitioner abroad for the time permitted. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge