Allowed

B.M.Rafeeque v. State of Kerala

Kerala HC9 Feb 2009Bail Appl./8019/2008

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted bail to the petitioner accused of murder and related offences under the IPC. The court imposed stringent conditions including a bond, police reporting, restriction on entering crime limits, and non-influence of witnesses.

What did the court decide?

Petitioner granted bail on bond of Rs.25,000 with two solvent sureties; must report to SP Kasaragod weekly; prohibited from entering crime scene or influencing witnesses.

B.M.Rafeeque Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930

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Bail Appl..No. 8019 of 2008() ----------------------------CRIME NO. 304/2008 OF KASARAGOD POLICE STATION

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PETITIONER:-

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B.M.RAFEEQUE S/O.ADOOR MUHAMMED,AGED 24 YEARS BADIRA HOUSE, VIDYANAGAR PO, KASARAGOD.

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT(S): ---------------

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THE SUB INSPECTOR OF POLICE KASARAGOD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE KASARAGOD POLICE STATION.

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PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. HEMA, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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B.A. No. 8019 of 2008

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Dated this the 9^th day of February, 2009

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O R D E R

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Application for bail.

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The alleged offences are under sections 143, 147, 148, 302 read with sections 149 and 153A IPC. According to prosecution, on 17-4-2008 petitioner along with other accused formed themselves into an unlawful assembly armed with deadly weapons and assaulted deceased in prosecution of common object of assembly and committed murder due to political enmity.

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Learned counsel for petitioner submitted that accused 2 to 6 are already on bail and petitioner was arrested on 11-11-2008 and he is in custody for the past 90 days. Learned Public Prosecutor conceded that petitioner is entitled for bail by default but stringent conditions may be imposed while granting bail.

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On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions.

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Hence, the petitioner is granted bail on the following terms and conditions:-

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1. The petitioner shall be released on bail on his executing

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a bond for Rs.25,000/- with two solvent sureties each

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BA 8019/08 -2-

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for the like amount to the satisfaction of the learned Magistrate.

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1. The petitioner shall report before the Superintendent of Police, Kasaragod or any other person authorized by him on his behalf on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders.

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1. The petitioner shall not enter the police station limits

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within which the crime is registered except for compliance of the direction in clause (2) above.

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1. The petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled.

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The application is allowed.

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K.HEMA, JUDGE.

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mn.

B.M.Rafeeque v. State of Kerala

Case brief

What is this about?

What did the court decide?

B.M.Rafeeque v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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