Kerala High Court
Bail Appl./8385/2012 of M.SUBAIR Vs SHO, VALAPATTANAM POLICE STATION 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. 8385 of 2012 () ------------------------------ CRIME NO.1201 OF 2012 OF VALAPATTANAM POLICE STATION CRMC.1842/2012 of D.C. & SESSIONS
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934Bail Appl..No. 8385 of 2012 () ------------------------------CRIME NO.1201 OF 2012 OF VALAPATTANAM POLICE STATIONCRMC.1842/2012 of D.C. & SESSIONS COURT,THALASSERYPETITIONERS /ACCUSED NOS.1,3 TO 7:-------------------------------1. M.SUBAIR, AGED 48 YEARS S/O. HAMEED, MUNDON HOUSE, POYATHUMKADAVU AZHIKODE, KANNUR-9.2. T.MUHAMMADALI , AGED 44 YEARS S/O. ISMAIL, THOLICHI HOUSE, POYATHUMKADAVU AZHIKODE, KANNUR-9.3. M.BALAKRISHNAN , AGED 61 YEARS S/O. KUMARAN, MUNDACHALIL HOUSE, BOAT PALAM POYATHUMKADAVU, AZHIKODE, KANNUR-9.4. ASHRAJ K. S/O. KASIM, KUNHITHAYYIL, PORT ROAD POYATHUMKADAVU, AZHIKODE, KANNUR-9.5. NOUSHAD T., AGED 42 YEARS S/O. AHAMMED KUNHI, THOLICHI HOUSE, POYATHUMKADAVU AZHIKODE, KANNUR-9.6. T.ARIF , AGED 37 YEARS S/O. AHAMMED KUNHI, THALAPPARATH HOUSE, KAPPAKKADAVU AZHIKODE, KANNUR-9. BY ADV. SRI.K.C.SANTHOSHKUMAR
RESPONDENTS/COMPLAINANT :----------------------------
1. STATION HOUSE OFFICER VALAPATTANAM POLICE STATION, KANNUR DISTRICT.2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.R BY PUBLIC PROSECUTOR SMT LALIZA T Y
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.BHAVADASAN, J
----------------------------------------- B.A No.8385 of 2012
--------------------------------------------------- Dated this the 31[st] day of December, 2012
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O R D E R
The petitioners are accused Nos.1, 3 to 7 in Crime No.1201/2012 of Valapattanam Police Station for havingcommitted offence punishable under Sections 143, 147, 323,341 r/w Section 149 IPC.
2. The allegation against the petitioners is that on1.10.2012 at about 1 pm. the petitioners along with otherpersons trespassed into the port office and attacked themembers in the said office.
3. The petitioners would say that they are totallyinnocent and have been falsely implicated with ulterior motive.According to them they have not committed any act as alleged.
4. After having heard the learned counsel for thepetitioners, the learned Public Prosecutor and after havingperused the records, it is felt that extraordinary jurisdictionneeds to be exercised in favour of the petitioners. The petitionis allowed as follows:
B.A No.8385 of 2012
i)The petitioners shall surrender before theInvestigating Officer on or before 9.1.2013, who afterinterrogation shall produce them before the JFCMconcerned and on applications for bail moved by thepetitioners, the learned Magistrate shall release thepetitioners on bail on each of them executing a bond for asum of Rs.10,000/- (Rupees ten thousand only) with twosolvent sureties for the like sum each to the satisfaction ofthe said Court.
ii)The learned Magistrate shall ensure theidentity of the sureties and also the veracity of the taxreceipts before granting bail.
Iii)The petitioners shall appear before theInvestigating Officer concerned for interrogation as andwhen required by him until further orders.
iv)The petitioners shall not tamper or attempt totamper with the evidence or influence or try to influencethe witness.
v)If any of the condition is violated, the bailgranted shall stand cancelled and the JFCM concerned, onbeing satisfied of the said fact, may take such proceedingsas are available to him in law.
P.BHAVADASAN Judge
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