Kerala High Court
Bail Appl./9627/2012 of AJAS Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 9627 of 2012 () ------------------------------ (CRIME NO. 174/2012 THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT) PETITIONER/ACCUSED 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Bail Appl..No. 9627 of 2012 ()
------------------------------
(CRIME NO. 174/2012 THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT)
PETITIONER/ACCUSED 2 :------------------------------------ AJAS, AGED 26 YEARS S/O.MUHAMMAD SALI, PUTHENTHU PADEETATHIL PALLANA P.O., ALAPPUZHA.
BY ADV. SRI.GOKUL DAS V.V.H.
RESPONDENT/COMPLAINANT :
-------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9627 of 2012
- - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of December, 2012.
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ORDER
It is unnecessary to go into the details of the case for the simple reason that the facts were narrated in detailwhile disposing of B.A. 8567 of 2012 , wherein the petitionerwas one of the applicants along with another accused. Thepetitioner was denied bail by order dated 15.11.2012. Thepetitioner points out that he has been in custody for aconsiderable period and his continued custody is thereforeunnecessary. He therefore seeks bail.
2. Learned Public Prosecutor pointed out that the final report has already been filed and there is an orderunder the Anti-Social Activities (Prevention) Act, prohibitingthe petitioner from entering the Alappuzha District.
3. Considering the various aspects, the continuedcustody of the petitioner seems to be unnecessary.
Therefore, this application is allowed on thefollowing conditions:
B.A.9627/2012.
i) Petitioner shall be released on bail on hisexecuting a bond for a sum of Rs.15,000/- (RupeesFifteen Thousand only) with two solvent sureties forthe like sum each to the satisfaction of JFCM-I,Haripad.
ii) The learned Magistrate may ensure the identityof the sureties and also the veracity of the taxreceipts that are sought to be produced at the timeof executing the bond.
iii) Petitioner shall not tamper or attempt totamper with the evidence or influence or try toinfluence the witnesses.
iv) If any of the condition is violated, bail granted tothe petitioner shall stand cancelled, and the JFCMconcerned may take such steps as are available tohim in law.
P. BHAVADASAN, JUDGE
sb.