Kerala High Court
Bail Appl./9508/2012 of ASSAINAR 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. 9508 of 2012 () ------------------------------ CRIME NO.559/2012 OF ADHOOR POLICE STATION, KASARAGOD DISTRICT --------------------------------
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. 9508 of 2012 ()
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CRIME NO.559/2012 OF ADHOOR POLICE STATION, KASARAGOD DISTRICT
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PETITIONER(S)/ACCUSED NOS.1 TO 3:
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1. ASSAINAR,S/O. MUHAMMED KUNJI, AGED 25 YEARS, PALLIKKAL HOUSE, BAVIKKARA, MULIYAR VILLAGE AND P.O., KASARAGOD DISTRICT. PALLIKKAL HOUSE, BAVIKKARA, MULIYAR VILLAGE AND P.O., KASARAGOD DISTRICT.
2. ABOOBACKER, S/O. MOTTAYIL KHADER,AGED 32 YEARS, MOTTAYIL HOUSE, MANJANADUKKAM, KULATHUR VILLAGE AND P.O., KASARAGOD DISTRICT. MOTTAYIL HOUSE, MANJANADUKKAM, KULATHUR VILLAGE AND P.O., KASARAGOD DISTRICT.
3. USMAN,S/O. MUHAMMED KUNJI,AGED 29 YEARS, PALLIKKAL HOUSE, BAVIKKARA, MULIYAR VILLAGE AND P.O., KASARAGOD DISTRICT.
BY ADVS.SRI.I.V.PRAMOD SRI.MANSOOR.B.H.
RESPONDENT(S)/COMPLAINANT/STATE :
---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.BHAVADASAN, J.
---------------------------------------------------- BA No.9508 of 2012
---------------------------------------------------- Dated this the 31[st] day of December 2012
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Order
The allegation against the petitioners is thatwhile the Tahsildar concerned was in the act of seizing theillegally mined sand, they obstructed him from discharging his duties. The petitioners would point out that theallegations are totally false and have been made up for thepurpose of booking various offences against them.According to them, the Tahsildar and the other officersunder him tried to set ablaze a country boat, to whichobjections were raised by the petitioners and the people inthe locality. This had annoyed the officers and a false storyhas been cooked up against the petitioners.
2. Going by the materials available in the CD,the claim of the petitioners cannot be readily accepted.
Considering the nature of allegations against thepetitioners, the manner in which the acts are alleged tohave been committed and the gravity of the offences BA No.9508/12
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alleged, it is felt that this is a fit case warranting the extraordinary jurisdiction of this court under Section 438 Cr.PC.The application is accordingly allowed as follows :
1. The petitioners shall surrender before the InvestigatingOfficer on or before 09.01.2013, who, after interrogation,shall produce them before the JFCM concerned.Officer on or before 09.01.2013, who, after interrogation,shall produce them before the JFCM concerned.
2. On applications being filed by the petitioners before theJFCM concerned, they shall be released on bail on each ofthem executing a bond for Rs.10,000/- (Rupees TenThousand only) with two solvent sureties each for the likesum each to the satisfaction of the JFCM concerned.JFCM concerned, they shall be released on bail on each ofthem executing a bond for Rs.10,000/- (Rupees TenThousand only) with two solvent sureties each for the likesum each to the satisfaction of the JFCM concerned.
3. The learned Magistrate shall ensure the identity of thesureties and also the veracity of the tax receipts produced bythe sureties before granting bail to the petitioners.sureties and also the veracity of the tax receipts produced bythe sureties before granting bail to the petitioners.
4. The petitioners shall appear before the Investigating Officeras and when required by him, till final report is filed.as and when required by him, till final report is filed.
5. The petitioners shall not tamper or attempt to tamper with theevidence and influence or try to influence the witnesses.evidence and influence or try to influence the witnesses.
6. If any of the conditions is violated, the bail granted shallstand cancelled and the JFCM concerned, on being satisfiedstand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such steps as are available to him in law.
P.Bhavadasan, Judge
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