Kerala High Court

Bail Appl./9650/2012 of ISHAQ Vs SUB INSPECTOR OF POLICE on 31 December 2012

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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. 9650 of 2012 () ------------------------------ (CRIME NO.620/2010 OF NADAPURAM POLICE STATION,KOZHIKODE DISTRICT) .......... PETITIONER/ACCUSED:

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. 9650 of 2012 ()

------------------------------

(CRIME NO.620/2010 OF NADAPURAM POLICE STATION,KOZHIKODE DISTRICT)

..........

PETITIONER/ACCUSED:

-------------------------------------

ISHAQ, AGED 32 YEARS,

S/O.MOOSA, THANIYULLATHIL HOUSE, CHELAKKAD, KALLACHI, NADAPURAM, VADAKARA.

BY ADVS.SRI.T.G.RAJENDRAN

SRI.T.R.TARIN

RESPONDENTS/COMPLAINANT/STATE:

-------------------------------------------------------------

1. SUB INSPECTOR OF POLICE,

NADAPURAM POLICE STATION - 673 001.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 31-12-2012 ALONG WITH B.A.NO.9655 OF 2012, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:

Kss

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 9650 & 9655 of 2012

- - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st ] day of December, 2012.

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ORDER

The petitioner is one of the accused in Crime No.

654 of 2010 of Nadapuram Police Station from which B.A.9655 of 2012 arises and so also in Crime No. 620 of 2010 ofNadapuram Police Station from which B.A. 9650 of 2012arises.

2. In Crime No. 654 of 2010 the petitioner is accused of having committed offences punishable underSections 143, 147, 148, 452, 427 and 436 read with Section149 I.P.C. and Sections 3, 4 and 5 of the ExplosiveSubstances Act. In Crime No. 620 of 2010, he is accused ofhaving committed offences punishable under Sections 143,147, 148, 452, 427 and 153A read with Section 149 I.P.C.and Sections 3, 4 and 5 of the Explosive Substances Act.

3. In both these cases, the petitioner hasapproached the Sessions Court for bail. The said court has narrated the facts in detail and therefore it is unnecessary to reiterate the same. The Sessions court felt that in case thepetitioner is released on bail, he is likely to abscond and hemay not be available for trial. Holding so, the applicationswere dismissed.

4. Learned counsel appearing for the petitioner pointed out that the petitioner was unaware that he was anaccused in the crimes and he had gone abroad. When helanded in India on leave, he was apprehended andremanded to custody. Learned counsel pointed out that hehas been in custody from 1.12.2012 and his continuedcustody is unnecessary. Learned counsel also submits thatany stringent condition may be imposed and the petitionermay be granted bail since all other accused have beengranted bail by the court concerned.

5. Learned Public Prosecutor opposed the petitions by pointing out that look out notice had been issued against the petitioner and it was with much difficultythat he could be apprehended.

6. The question as to whether the petitioner was aware that he was an accused in the crimes does not arisefor consideration at this point of time. The fact remains thathe had gone abroad soon after the incident and on hisreturn he was apprehended on warrant. At any rate, thepetitioner has been in custody from 1.12.2012. It does notappear that trial could be commenced in the near future. Insuch circumstances the continued custody of the petitioneris unnecessary.

Therefore, these applications are allowed on the following conditions:

i) Petitioner shall be released on bail in each of thecrimes on his executing a bond for a sum ofRs.25,000/- (Rupees Twenty Five Thousand only)with two solvent sureties for the like sum each ineach crime to the satisfaction of JFCM, Nadapuram.

ii) The JFCM shall ensure the identity of the sureties

and also the veracity of the tax receipts that aresought to be produced at the time of executing thebond.

iii) Petitioner shall surrender his passport in CrimeNo. 620 of 2010 of Nadapuram Police Station beforethe JFCM court concerned.

(iv) Petitioner shall not leave the State of Keralawithout the prior permission of the Magistrateconcerned.

(v) Petitioner shall not tamper or attempt totamper with the evidence or influence or try toinfluence the witnesses.

vi) If any of the condition is violated, bail granted tothe petitioner shall stand cancelled, and the JFCMconcerned may take such steps as are available tohim in law.

P. BHAVADASAN, JUDGE

sb.

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