Allowed

Muhammed Sameer @ Akshay v. State of Kerala

Kerala HC1 Apr 2013Bail Appl./1983/2013

Case brief

AI extract

What is this about?

The Single Judge discharged the petitioner, the 5th accused in a criminal case involving assault and public disorder, ordered his release on bail subject to executing a bond with sureties, weekly reporting to the investigating officer, surrendering passport, and staying within Kasargod District.

What did the court decide?

Petitioner released on bail on bond of Rs. 25,000 with two sureties, required to report weekly to investigating officer for eight weeks, surrender passport, and not leave Kasargod District.

Muhammed Sameer @ Akshay Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935

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Bail Appl..No. 1983 of 2013 ()

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CRIME NO. 112/2013 OF KASARAGOD POLICE STATION, KASARGOD

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PETITIONER/5TH ACCUSED :

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---------------------------------------- -

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MUHAMMED SAMEER @ AKSHAY, AGED 20 YEARS S/O.ABOOBACKER, PERALA, KASARGOD.

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BY ADV. SRI.S.MANU

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RESPONDENTS/COMPLAINANT :

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1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.

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2. THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. SERENA GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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S.S.SATHEESACHANDRAN, J

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-------------------------------------B.A.No.1983 of 2013

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----------------------------------Dated this the 1^st day of April, 2013

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ORDER

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Petitioner is the 5^th accused (A5) in Crime No.112 of 2013 of Kasargod Police Station registered for offences punishable under Sections 341, 324 and 307 r/w. Section 34 of the Indian Penal Code, investigation of which is now being continued incorporating offences under Sections 143, 147, 148 and 153(A) r/w. Section 149 IPC after deleting Section 34 IPC. Petitioner arrested on 11.02.2013 in the crime on production before the magistrate was remanded to judicial custody, which still continues. He has filed the above application for his release on bail under Section 439 of the Code of Criminal Procedure (for short “the Code”).

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Learned counsel for petitioner submitted that when the crime was registered, petitioner was not made an accused, nor, there was any allegation against him in connection with the assault made over the de facto complainant on the basis of the statement recorded from that victim. However, at a later stage, he was implicated as A5 in the crime and arrested, is the submission of counsel. His continued detention ever since his arrest on 11.02.2013 is highlighted by counsel seeking his release submitting

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B.A.No.1983 of 2013

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that he is a student undergoing studies for B.Com. He shall abide by any condition imposed by this court for his release on bail, is the further submission of counsel.

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Investigation has revealed complicity of petitioner with other accused in the crime and as such he was implicated as a co-accused, is the submission of learned Public Prosecutor. Continuation of the investigation with reference to the facts and circumstances surrounding the registration of the crime, in which de facto complainant/ victim had been assaulted with deadly weapon causing him severe injuries, is canvassed by learned Public Prosecutor to contend that release of petitioner, at this stage, will not be conducive to justice. One among the accused A3 is yet to be apprehended, is the further submission of learned Public prosecutor to contend that petitioner may not be released at this stage on bail.

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After hearing the submissions made and taking note of the facts and circumstances presented, particularly, the period of detention already undergone by petitioner from 11.02.2013, I find, he can be ordered to be released at this stage subject to the following conditions :-

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B.A.No.1983 of 2013

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i. Petitioner shall execute a bond for Rs.25,000/(Rupees Twenty five thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate (I), Kasargod.

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ii. He shall report before the investigating officer at the Station once in a week on every Sunday at a time between 10.00. a.m. and 12.00 noon for a period of eight weeks or till completion of the investigation of the crime and filing of report, whichever is earlier.

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iii. He shall surrender his Passport, if any, before the magistrate within one week from the date of his release, and if not in possession Passport, then to file an affidavit stating so, within such period.

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iv. He shall not leave Kasargod District for a period of three months or till completion of investigation whichever is earlier.

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v. He shall not get involve in any criminal case while he continues on bail in this case, and, if he does, it is open to the magistrate/ Sessions Judge to cancel his bail without any further orders from this court, but, in accordance with law.

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Sd/-

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S.S.SATHEESACHANDRAN JUDGE

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True Copy

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PA. to Judge

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RKM

Muhammed Sameer @ Akshay v. State of Kerala

Case brief

What is this about?

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Muhammed Sameer @ Akshay v. State of Kerala

Case brief

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