Kerala High Court
Bail Appl./9040/2020 of JAMSHEER Vs STATE OF KERALA on 29 December 2020
HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl..No.9040 OF 2020 CRIME NO.1054/2020 OF Vadanappally Police Station, Thrissur PETITIONER/S: JAMSHEER, AGED 27 YEARS, S/O.SHAJAHAN, PEEDIKAVALAPPIL
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942
Bail Appl..No.9040 OF 2020
CRIME NO.1054/2020 OF Vadanappally Police Station, Thrissur PETITIONER/S:
JAMSHEER,AGED 27 YEARS,VATANAPPILLY VILLAGE, THRISSUR 680 614.
S/O.SHAJAHAN, PEEDIKAVALAPPIL HOUSE, THALIKULAM, BY ADV. SRI.V.A.VINOD
RESPONDENT/S:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682 031.
R1 BY SRI.AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 29[th] day of December, 2020
This is an application filed under Section 439 of the Cr.P.C bythe 1[st] accused in Crime No.1054/2020 of Vadanappilly PoliceStation alleging commission of offence punishable under Sections323, 324, 326, 294(b), 427 read with Section 34 of IPC. Afterdismissal of the application for anticipatory bail, he surrenderedbefore the Police on 15.12.2020. Since 15.12.2020 he is in custody.It is submitted that other accused persons are already on bail, thatrecovery has been effected.
2. Heard the learned counsel for the petitioner/accusedand the learned Public Prosecutor.
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3. Learned Public Prosecutor submits on instruction thatthe petitioner/accused has criminal antecedents and his entering inVadanappilly Police Station limits at least for the coming monthsmay cause law and order problems. Considering all these aspectsand since the petitioner is in custody from 15.12.2020 andrecovery has been effected and investigation is almost at the finalstage, there is no point in continuing the judicial custody. He shallbe released on bail on the following conditions:
Learned Public Prosecutor submits on instruction that
i)The petitioner shall execute bond for
Rs.50,000/-(Rupees fifty thousand only) with twosolvent sureties each for the like sum to thesatisfaction of the jurisdictional court;
ii) He shall not interfere with the investigationand shall not influence the witnesses or tamperwith evidence.
iii) He shall not enter Vadanappilly PoliceStation limits for the next two months;
iv) Petitioner shall not leave India withoutpermission of the jurisdictional Court;
v) He shall appear before the investigatingofficer as and when necessary;
vi) The petitioner shall strictly abide the variousguidelines issued by the State Government andthe Central Government with respect to keepingof social distancing in the wake of Covid 19pandemic.
vii) If any of the above conditions are violated bythe petitioner, the jurisdictional Court will beliberty to cancel the bail in accordance with law.
Sd/-
K.HARIPALJUDGE
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