Allowed

Fadhil Ahammed v. State of Kerala

Kerala HC9 Jan 2013Bail Appl./99/2013

Case brief

AI extract

What is this about?

This single bench bail application under Section 437 CrPC was examined. The High Court held that it is a fit case to exercise extraordinary jurisdiction and granted bail on multiple conditions, including surrender, deposit of fees, and restrictions on tampering with witnesses.

What did the court decide?

Application allowed; bail granted subject to surrender by 17.01.2013, deposit of Rs. 200 each, and conditions against tampering.

Fadhil Ahammed Vs State of Kerala — Cheque Dishonour | 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 P.BHAVADASAN

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WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934

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Bail Appl..No. 99 of 2013 (E)

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[CRIME NO.678/2012 OF NEW MAHE POLICE STATION, KANNUR DISTRICT]

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PETITIONERS/ACCUSED 1 & 2:

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1. FADHIL AHAMMED, S/O.FAZAL AHAMMAD,AGED 21, RESIDING AT PEE YEM CEES, P.O PERINGADI, THALASSERY TALUK.

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2. FARHAN AHAMMED, S/O.FAZAL AHAMMED, AGED 22, RESIDING AT PEE YEM CEES, P.O PERINGADI, THALASSERY TALUK.

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BY ADV. SRI.ZUBAIR PULIKKOOL,

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SRI.BIJU.V.JOSEPH.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. C. RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P. BHAVADASAN, J.

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- - - - B.A. No. 99 of 2013

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- - - - Dated this the 9^th day of January, 2013.

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ORDER

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The petitioners are the first and second accused in Crime No.678 of 2012 of New Mahe Police Station, who arer alleged to have committed offences punishable under Sections 143, 147, 148, 341, 332 and 294(b) read with Section 149 I.P.C. and Section 3(i) of the P.D.P.P. Act.

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The allegation against the petitioner and others is that on 22.12.2012 at 14.40 hours, when the defacto complainant had gone to the house of the petitioners for serving electricity bill, he was assaulted by the accused.

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The petitioners would say that the petitioners are innocent and the allegations against them are false.

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After having heard learned counsel for the petitioners and the learned Public Prosecutor, it is felt that

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B.A.99/2013. 2

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this is a fit case where the extraordinary jurisdiction needs to be exercised in favour of the petitioners.

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Therefore, this application is allowed on the following conditions:

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i) Petitioners shall surrender before the Investigating Officer on or before 17.01.2013, who after interrogation shall produce them before the JFCM court concerned, which court, on applications for bail being moved by the petitioners, shall release them on bail on each of them executing a bond for a sum of Rs.10,000/(Rupees Ten Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court.

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ii) The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties for the purpose of executing the bond.

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B.A.99/2013.

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iii) Petitioners shall report before the Investigating Officer as and when required by him.

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iv) Petitioners shall deposit a sum of Rs.200/each before the Magistrate court concerned.

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v) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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vi) If any condition is violated, bail granted to the petitioners shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law.

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P. BHAVADASAN, JUDGE

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sb.

Fadhil Ahammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Fadhil Ahammed 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

Parties & counsel

Coram

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