Allowed

Muhammed Shereef v. State of Kerala

Kerala HC3 Mar 2014Bail Appl./1443/2014

Case brief

AI extract

What is this about?

The Single Judge allowed the anticipatory bail application filed by two accused persons charged with offences under Sections 143, 147, 148 and 149 of the IPC and Sections 3 and 5 of the Explosive Substances Act. The court held that granting bail with suitable conditions would not adversely affect the investigation.

What did the court decide?

Anticipatory bail allowed subject to executing a bond for Rs.25,000 each with two sureties and appearing before the IO when required.

Muhammed Shereef Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

¶4

MONDAY, THE 3RD DAY OF MARCH 2014/12TH PHALGUNA, 1935 Bail Appl..No. 1443 of 2014 ()

¶5

Crl.MC 1003/2013 of SESSIONS COURT,THALASSERY CRIME NO. 392/2013 OF KOLAVALLUR POLICE STATION , KANNUR

¶6

APPLICANTS/ACCUSED NOS.1 & 2:

¶7

MUHAMMED SHEREEF AGED 27 YEARS S/O.MAMMI HAJI, POTTANTAVIDA HOUSE, CENTRAL POYILOOR THALASSERY TALUK, KANNUR DISTRICT.

¶8

ABDUL RASAK, AGED 21 YEARS S/O.MAMMI HAJI, POTTANTAVIDA HOUSE, CENTRAL POYILOOR THALASSERY TALUK, KANNUR DISTRICT.

¶9

BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN

¶10

RESPONDENT/COMPLAINANT:

¶11

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

¶12

BY PUBLIC PROSECUTOR, SHRI C RASHEED

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

M.L. JOSEPH FRANCIS J.,

¶15

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1443 of 2014

¶16

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

¶17

Dated this the 3^rd day of March 2014

¶18

ORDER

¶19

The applicants herein stand arrayed as the accused Nos.1 and 2 respectively in Crime No.392 of 2013 of Kolavlloor Police station, Kannur District. The offences imputed against the applicants along with the accused in the crime are under Sections 143, 147, 148 read with section 149 of the Indian Penal Code and under Sections 3 and 5 of the Explosive Substances Act.

¶20

The prosecution allegation in the aforesaid crime is that on 29.5.2013 at about 14.35 hrs., a country bomb explosion allegedly had taken place near to the residential compound of

¶21

Bail Application No.1443 of 2014

¶22

:2:

¶23

one Yousuf. It is the case of the prosecution that the applicants along with the co-accused allegedly after forming themselves into an unlawful assembly, caused the explosion and as such have committed the aforesaid offences.

¶24

The learned Public Prosecutor opposes the anticipatory bail application. C.D. perused. C.D. shows that most of the material witnesses have been questioned by the police and their statements were recorded. Therefore, granting of anticipatory bail with suitable conditions, will not adversely affect the investigation. Hence this bail application is allowed.

¶25

It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that

¶26

Bail Application No.1443 of 2014

¶27

:3:

¶28

if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are directed to appear before the Investigating Officer as and when required.

¶29

Sd/-

¶30

M. L. JOSEPH FRANCIS, (JUDGE)

¶31

dl/

¶32

// TRUE COPY //

Muhammed Shereef v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Shereef 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

Case details

Similar cases

Jijesh M. Vs State of Kerala

Sony Jose a. Vs Sub Inspector of Police, Rajapuram Police Station

Joy Joseph Vs State of Kerala

P.J.Jithin@Perumbayil Jithin Vs State of Kerala

N.Raja Vs State of Kerala

N.Raja Vs State of Kerala