Allowed

Moosa P.A. and Another v. State and Another

Kerala HC24 Nov 2011Bail Appl./9392/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to two accused persons in a criminal case involving affray and hurt. Bail was allowed with effect from December 3, 2011, subject to conditions including reporting to the investigating officer.

What did the court decide?

Bail granted with effect from 03/12/2011 on bond of Rs. 25,000 each with two sureties, subject to reporting conditions.

Moosa P.A. and Another Vs State and Another — Bail and Remand | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

¶4

THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933

¶5

Bail Appl..No. 9392 of 2011()

¶6

----------------------------CMP.7102/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.668/2011 OF BEKAL POLICE STATION KASARAGOD DISTRICT

¶7

PETITIONERS : ACCUSED :

¶8

¶9

MOOSA.P.A, AGED 20 YEARS, S/O.MOIDEEN PAKYARA, HYDER VALAPPIL (H), UDUMA PADINHARU, UDUMA VILLAGE, KASARAGOD DISTRICT.

¶10

K.ABOOBACKER SIDDIQUE, AGED 19 YEARS, S/O.ABDULLA, KANDATHIL HOUSE, OTHAYOTHVAYAL, UDUMA PADINHARU, KASARAGOD DISTRICT.

¶11

BY ADV. SRI.K.P.HARISH

¶12

RESPONDENTS: COMPLAINANT & STATE

¶13

¶14

STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶15

THE STATION HOUSE OFFICER, (CRIME NO.668/2011 OF BEKAL POLICE STATION), KASARAGOD DISTRICT-671 313.

¶16

PUBLIC PROSECUTOR SMT.R.REMA

¶17

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

K.T.SANKARAN, J.

¶19

Bail Appln.No.9392 of 2011

¶20

Dated this the 24^th day of November, 2011

¶21

ORDER

¶22

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 & 4 in Crime No.668 of 2011 of Bekal Police Station, Kasaragod District.

¶23

The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code.

¶24

The date of occurrence was on 01/11/2011. The petitioners were arrested on 03/11/2011.

¶25

Though Section 153-A was also included as an offence, it was subsequently deleted.

¶26

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

¶27

Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 03/12/2011 .

¶28

Bail Appln.No.9392/2011

¶29

: 2 :

¶30

The petitioners shall be released on bail with effect from 03/12/2011 on their executing bond for `25,000/(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions:-

¶31

A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on Mondays, till the final report is filed or until further orders;

¶32

B) The petitioners shall appear before the investigating officer for interrogation as and when required;

¶33

C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;

¶34

D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail;

¶35

E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

¶36

The Bail Application is allowed as above.

¶37

K.T.SANKARAN, JUDGE

¶38

skj

Moosa P.A. and Another v. State and Another

Case brief

What is this about?

What did the court decide?

Moosa P.A. and Another v. State and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maneesh Vs State of Kerala

Sarath Mohan & Others Vs the State of Kerala

Prince.v.P Vs State of Kerala

Dileep.P.J Vs State of Kerala

Bijesh @ Biju Vs State of Kerala

Krishnankutty Vs State of Kerala