Kerala High Court
Bail Appl./9014/2014 of ANSAR K.H Vs STATE OFKERALA on 30 December 2014
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Bail Appl..No. 9014 of 2014 () ------------------------------- CRIME NO. 2113/2014 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM --------------------------
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936
Bail Appl..No. 9014 of 2014 ()
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CRIME NO. 2113/2014 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM
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PETITIONERS/ACCUSED 1 TO 3:
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1. ANSAR K.H, AGED 28 YEARS, S/O.HASSAN, KALLAI HOUSE, DEVASWAM PARAMBU LANE, KARUKAPPALLY. KALLAI HOUSE, DEVASWAM PARAMBU LANE, KARUKAPPALLY.
2. SAMAD.M.S, AGED 26 YEARS,S/O.SIDHIQUE, MANAPPATTIPARAMBU, PAYYATTIL ROAD, VENNALA-THYKAVU ROAD. MANAPPATTIPARAMBU, PAYYATTIL ROAD, VENNALA-THYKAVU ROAD.
3. SHAFEEQUE.N.H, AGED 38 YEARS,S/O.HAMSA, NALADYTHUNDIL HOUSE, KALOOR, KOCHI. NALADYTHUNDIL HOUSE, KALOOR, KOCHI.
BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENT/COMPLAINANT:
------------------------------------------------- STATE OF KERALA, (SUB-INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.KEMAL PASHA, J.
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B.A. No. 9014 of 2014 =====================
Dated this the 30[th] day of December, 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioners are A1 to A3 in Crime No.2113 of 2014of the Ernakulam Town North Police Station, registered for theoffences punishable under Sections 143, 147 and 353 readwith Section 149 IPC.
3. The allegation against the petitioners is that whenthe defacto complainant Sub Inspector of Police questionedthe petitioners and others, who were allegedly engaged incausing disturbance to women and other pedestrians underthe influence of ganja, the petitioners along with 50 otheraccused had obstructed the discharge of the official duties bythe defacto complainant.
B.A. No.9014 of 2014
2
4. Heard learned counsel for the petitioners andlearned Public Prosecutor.
5. The learned counsel for the petitioners has pointed out that in fact A1 and A2 were unnecessarily beaten up bythe defacto complainant, without any reason while they werestanding on the road and thereafter they got admitted at thehospital. When the matters became worst, the defactocomplainant went to the hospital and got them discharged byforce and unnecessarily a false case has been foisted againstthem. Considering the facts and circumstances of the case, Iam of the view that this is a fit case wherein anticipatory bailcan be granted to the petitioners.
In the result, this bail application is allowed and theinvestigating officer or such other police officer, who isconducting the arrest of the petitioners, is directed to enlargethe petitioners on bail in the event of their arrest on each ofthem executing a bond for Rs.25,000/- (Rupees twenty fivethousand only) with two solvent sureties for the like sum eachto the satisfaction of the officer conducting arrest, and subjectto the following terms and conditions:-
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(i) The petitioners shall not tamper with the evidence or influence witnesses.
(ii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iii) The petitioners shall not involve in anyoffence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
DSV/30/12
Sd/-
B. KEMAL PASHA
JUDGE
// True Copy //
PA to Judge
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