Bail Appl./8939/2016 of AHAMMED JAMSHEER ASHRAF Vs STATE OF KERALA on 30 December 2016

ORDER

Petitioner is the third accused in crime no.762/2016 ofthe Bekal police station. Altogether there are nine accused persons. They are alleged to have committed offencespunishable under Secs 143, 147, 148, 323, 324 and 395 ofthe IPC read with IPC 149. The petitioner is in custody. Heseeks bail under Sec.439 of the Cr.P.C.

2. The prosecution case is that at 11.30 p.m on5.12.2016 the accused persons formed themselves into anunlawful assembly, rioted arming themselves with deadlyweapons such as punch, iron pipes, stone et cetera, causedhurt to the de facto complainant and robbed two mobilephones and Rs.21,300/- from the de facto complainant.

3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.

4. The learned Public Prosecutor opposed the grant ofbail. I am shown the case diary. I have gone through it.

There are materials in it against the accused persons. Thereis a counter-case against the de facto complainant and threeothers. The petitioner is in custody since 9.12.2016. He hasalready been interrogated. The learned Public Prosecutorsubmits that a few other accused persons are yet to beapprehended and that recovery is to be effected from orthrough those persons. The delay or failure to arrest theother accused persons cannot be taken as a ground to directthe petitioner to continue in custody. I am of the consideredopinion that bail can be granted to the petitioner underSec.439 of the Cr.P.C. I make it clear that this ordergranting regular bail to the petitioner will not in any mannerenure to the benefit of any other accused person in thesame crime case. In the result, the application is allowed. Thepetitioner shall be released on bail on his executing a bondfor Rs.35,000/- with two solvent sureties for the like sumeach to the satisfaction of the Magistrate having jurisdiction.

The petitioner shall co-operate with the investigation. Heshall make himself available for any further interrogation asand when required by the investigating officer for a periodof three months or till the filing of the final report, whicheveris earlier. The petitioner shall not intimidate witnesses or tryto influence them; nor shall he destroy evidence or tamperwith it. The petitioner shall surrender his passport beforethe learned Magistrate within two days from the date of hisrelease. If he does not possess a passport, he shall, withinthe said two days, file an affidavit to that effect. Thelearned Magistrate is hereby empowered to cancel the bailin the event of violation of any of the conditions mentionedabove.

sks/30.12.2016

A.M.BABU

Judge