Kerala High Court
Bail Appl./6289/2009 of MOHAMMED BASHEER T.A. Vs STATE OF KERALA on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Bail Appl..No. 6289 of 2009() ----------------------------- (CRIME NO.1180/09 OF KODUNGALLUR POLICE STATION) PETITIONER/ACCUSED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
Bail Appl..No. 6289 of 2009()
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(CRIME NO.1180/09 OF KODUNGALLUR POLICE STATION)
PETITIONER/ACCUSED
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MOHAMMED BASHEER T.A., AGED 19 YEARS,
S/O.KAREEM, PULICKALAKATH, P.O.KANDAMKULAM, KODUNGALLUR.
BY ADV. SRI.M.SHAJU PURUSHOTHAMAN
RESPONDENT(S): COMPLAINANT
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STATE OF KERALA, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, POLICE STATION, KODUNGALLUR.
PUBLIC PROSECUTOR MR.M A SALIM
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6289 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30th day of December, 2009.
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ORDER
This is a petition filed under Section 438 ofCriminal Procedure Code seeking anticipatory bail.
2. Petitioner is accused in Crime No.1180 of 2009
of Police Station for having committed offence punishableunder Section 353 Indian Penal Code.
3. Allegation against the petitioner is that on 22.10.2009 he had gone to attend a driving test. He was latefor the same and when the Motor Vehicle Inspector preventedhim from participating in the test, he caught hold of the handof the Inspector. Petitioner says that what had actuallytranspired was something else. It is not necessary to go intothe matter in detail now. Considering the nature of the actssaid to have been committed by the petitioner and various othercircumstances, it is felt that this is a fit case, where the extraordinary jurisdiction needs to be exercised.
The application is disposed of as follows:
i) Petitioner shall surrender before the JFCM concerned within two weeks from today and move an applicationfor regular bail, which the learned Magistrate maydispose of in accordance with law.
ii) Petitioner shall make himself available forinterrogation as and when required by the investigatingofficer.
iii) Petitioner shall not tamper or attempt to tamper withthe evidence or influence or try to influence thewitnesses.
P. BHAVADASAN, JUDGE
sb.
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