Kerala High Court
Bail Appl./10906/2011 of AFSAL Vs STATE OF KERALA on 30 December 2011
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10906 of 2011() ------------------------------ (Crime No.330/2011 of Valayam Police Station, Kozhikode District) PETITIONERS/ACCUSED NOS.1, 5 AND 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933
Bail Appl..No. 10906 of 2011()
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(Crime No.330/2011 of Valayam Police Station, Kozhikode District)
PETITIONERS/ACCUSED NOS.1, 5 AND 6
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1. AFSAL, S/O.ALI HASSAN, AGED 19
EECHAROTH HOUSE, BHOOMIVATHUKKAL, VANIMEL
2. ABDUL LATHEEF, S/O.IBRAHIM,
AGED 42, PUTHUKKUDI HOUSE, CHERUMOTH,
VANIMEL.
3. BASHEER, S/O.AMMED,
AGED 28 YEARS, ARAPPEDIKKAYIL HOUSE,
VALAYAM,CHERUMOTH.
BY ADV. SRI.K.ABDUL JAWAD
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM
PUBLIC PROSECUTOR, SRI.P.S.ABDUL KAREEM
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 30.12.2011, THE COURT ON THE SAME DAYPASSED THE
FOLLOWING:
P.S.GOPINATHAN, J.
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B.A.No.10906 OF 2011
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Dated this the 30[th] day of December, 2011
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O R D E R
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Petition under Section 439 of the Code of CriminalProcedure. Petitioners are the accused Nos. 1, 5 and 6 in CrimeNo. 330/2011 of Valayam Police Station for offences punishableunder Sections 143, 145, 147, 148, 353, 332 and 153(A) readwith 149 I.P.C. and Sections 3 and 5 of Explosive Substance Act.They are in custody since 9.12.2011. Their application for bailwas dismissed by the Sessions Judge by Annexure-B order. Nowthis petition.
2. Having heard either side and taking note that the 1[st]accused is only 19 years old, I find that the petitioners can beenlarged on bail on stringent conditions.
3. In the result, this petition is allowed and there will bean order directing the Judicial Magistrate of the 1[st] Class,Nadapuram to release the petitioners on bail on the followingconditions:
B.A.No.10906/2011
ps/30/12
i) The petitioners shall report beforethe Investigating Officer at 10 a.mon every Friday.the Investigating Officer at 10 a.mon every Friday.ii)They shall not enter KozhikodeDistrict except for reporting beforethe Investigating Officer. District except for reporting beforethe Investigating Officer. iii)Petitioner shall not, directly orindirectly, make any inducement,threat or promise to any personacquainted with the facts of thecase so as to dissuade him fromdisclosing such facts to the Courtor to any police officer. indirectly, make any inducement,threat or promise to any personacquainted with the facts of thecase so as to dissuade him fromdisclosing such facts to the Courtor to any police officer.
(P.S.GOPINATHAN, JUDGE)