Kerala High Court
Bail Appl./7240/2006 of AFSAL @ MUHAMMED AFSAL Vs STATE OF KERALA on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7240 of 2006() ----------------------------- CMP.2958/2006 of J.M.F.C., MANNARKAD CRIME NO.797/06 OF MANNARKKAD POLICE STATION. ....................
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Bail Appl..No. 7240 of 2006()
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CMP.2958/2006 of J.M.F.C., MANNARKAD
CRIME NO.797/06 OF MANNARKKAD POLICE STATION.
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PETITIONER/ACCUSED NO.1
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AFSAL @ MUHAMMED AFSAL,
S/O.SAIDU MUHAMMED, KULAKKADAN HOUSE,
KUNTHIPPUZHA, MANNARKKAD, PALAKKAD.
BY ADV. SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P
RESPONDENT: COMPLAINANT
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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 7240 OF 2006
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O R D E R
Petitioner who is the first accused in Crime No.797/06 ofMannrakkad Police Station for offences punishable under sections 143,147, 307 and 352 read with section 149 IPC, seeks his enlargementon bail. The occurrence took place on 24.10.2006 and the petitionerwas arrested on the same day.
2. Learned Public Prosecutor opposed the applicationsubmitting, inter alia, that the petitioner is an accused in 11 othercriminal cases including murder case. But he fairly conceded that nofinal report has been filed even after 60 days of judicial custody of thepetitioner. If so, by virtue of the proviso to section 167(2) Cr.P.C., thepetitioner is entitled to bail as of right. Accordingly, the petitioner isdirected to be released on bail on his executing a bond for Rs.10,000/-(Rupees ten thousand only) with two solvent sureties each for the likeamount to the satisfaction of the J.F.C.M.-I, Mannarkkad and subjectto the following conditions:
1. The petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on all Wednesdays.
2. The petitioner shall make himself available forinterrogation as and when required by the Police, till thefiling of the final report.
3. The petitioner shall not influence or intimidate theprosecution witnesses nor shall he attempt to tamper withthe evidence for the prosecution.
4. The petitioner shall not commit any offence while onbail.
If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE.
B.A.NO.7240/06