Kerala High Court

Bail Appl./7629/2006 of MUHAMMED BIN SHEER Vs SUB INSPECTOR OF POLICE on 29 December 2006

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928 Bail Appl..No. 7629 of 2006() ----------------------------- CMP.4146/2006 of J.M.F.C.-I MUVATUPUZHA Cr. No.851/06 of Muvattupuzha Police Station ....................

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928

Bail Appl..No. 7629 of 2006()

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

CMP.4146/2006 of J.M.F.C.-I MUVATUPUZHA

Cr. No.851/06 of Muvattupuzha Police Station

....................

: PETITIONER/ACCUSED 3 & 4

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

1. MUHAMMED BIN SHEER, S/O.ABDUL KHADAR, KAINIKKARA VEEDU, THIROOR KARA, THIROOR VILLAGE, MALAPPURAM.

2. SALIM, S/O.HUSSANKUTTY,

VATTANCHERY VEEDU, AREEKKODE KARA,

CHERUVANNOOR VILLAGE, KOZHIKODE.

BY ADV. SRI.T.G.RAJENDRAN

RESPONDENTS: COMPLAINANT AND STATE

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

1. THE SUB INSPECTOR OF POLICE,

MUVATTUPUZHA POLICE STATION.

2. STATE REP. BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SHRI. JAI GEORGE

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

M.N.Krishnan, J.

========================

B.A.No.7629 of 2006

========================

Dated this the 29[th] day of December, 2006.

ORDER

This is an application for bail filed by accused Nos.3 and 4 in Cr.No.851 of 2006 of Muvattupuzha Police Station. The offences allegedare under Sections 41(i),(d), and 102 of Cr.P.C. and Section 20 readwith Section 27 of Arms Act.

2. The allegations against the present petitioners are that theyalong with the first accused, who was found to be in possession of agun, were found under suspicious circumstances while travelling in acar and therefore, they were interrogated and later arrested.

3. Heard the learned Public Prosecutor also.

4. Now that there is no previous case against these two personsand the gun had not been seized from them, they are already in jail forthe last two weeks. Therefore, there is no purpose in unnecessarilydetaining them in jail indefinitely. Therefore, bail is granted subject tothe following conditions:

-: 2 :-

(1) The petitioners are released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each withtwo solvent sureties each for the like amount to the satisfaction of theJudicial First Class Magistrate Court-I, Muvattupuzha.

(2) The petitioners are directed to report beforethe Investigating Officer on every Monday between 10a.m. and 11 a.m. for a period of two months.

(3) The petitioners shall not enter the limits ofMuvattupuzha Police Station for a period of one monthexcept for the purpose of reporting before theInvestigating Officer.

(4) The petitioners shall not attempt to interferewith the investigation or attempt to intimidate orinfluence the procession witnesses.

This application is allowed as above.

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