Kerala High Court
Bail Appl./7848/2007 of RASHEED @ ABDUL RASHEED Vs THE STATE OF KERALA on 24 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7848 of 2007() ----------------------------- (CRIME NO.326/07 OF MANJESHWAR POLICE STATION) PETITIONER: 2ND ACCUSED: -----------------------------
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929
Bail Appl..No. 7848 of 2007()
-----------------------------
(CRIME NO.326/07 OF MANJESHWAR POLICE STATION)
PETITIONER: 2ND ACCUSED:
-----------------------------
RASHEED @ ABDUL RASHEED,
S/O.MUHAMMED MUSALIYAR, AGED 19 YEARS, PATHVADI, UPPALA VILLAGE.
BY ADV. SRI.SOJAN MICHEAL
RESPONDENTS: COMPLAINANT:
-------------------------
THE STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
S.SIRI JAGAN, J.
======================
B.A.No.7848 of 2007
======================
Dated this the 24[th] day of December, 2007O R D E R
This application is for regular bail. The petitioner is the 2[nd]
accused in crime No.326/2007 of Manjeshwar Police Station,alleging commission of offence punishable under Sections 143,147, 148, 341, 323, 308 read with Section 149 of the IndianPenal Code. The allegation against the petitioner is that he alongwith some other accused formed themselves into an unlawfulassembly with an intention to cause hurt to the defactocomplainant, trespassed into a bus and caused hurt to thedefacto complainant by beating him with iron rods and hands.The allegation is that the if defacto complainant had not takenevasive action it would have even caused death of the defactocomplainant.
2. The lower court court had denied bail by Annexure 1order only on the ground that some other accused are yet to bearrested and that if the petitioner is released on bail there isevery chance for absconding of the accused and tampering withthe evidence. The learned Public prosecutor admits that no serious injuries have been caused to the defacto complainant.She further submits that the prosecution may be given furthertime to complete the investigation and to apprehend otheraccused.
3. After hearing both sides, I am satisfied that thepetitioner can now be directed to be enlarged on bail subjectappropriate terms and conditions. In the above circumstances,this bail application is allowed. The petitioner shall be released onbail on the following terms and conditions:
The petitioner shall execute a bond for Rs.25,000/- with twosolvent sureties each for the like sum to the satisfaction of theJudicial First Class Magistrate-I, Kasargod. The petitioner shallmake himself available for interrogation before the investigatingofficer on all Mondays and Fridays between 10 a.m. and 12 noonfor a period of three months and thereafter, as and whendirected by the investigating officer in writing to do so.
sdk+
The bail application is disposed of as above.
Sd/-
S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge.