Partly allowed

Faizal P. v. State of Kerala

Kerala HC11 Jun 2014Bail Appl./2635/2014

Case brief

AI extract

What is this about?

Kerala HC bail court disposed of application after holding it infructuous for one petitioner already released. Directed remaining two petitioners to surrender for interrogation and subsequent release on bail with conditions and sureties.

What did the court decide?

Part of application declared infructuous; surrender directed for others; bail granted with bond Rs.20,000 and conditions.

Faizal P. Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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 THOMAS P.JOSEPH

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WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936

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Bail Appl..No. 2635 of 2014 (D)

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[CRIME NO. 384/2014 OF HOSDURG POLICE STATION , KASARAGOD DISTRICT]

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PETITIONERS/ACCUSED:

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1. FAIZAL.P, AGED 24 YEARS, S/O.BASHEER, FAYIS MANZIL, NHANIKADAVU,

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OZHINHAVALAPPU P.O, KASARAGOD DISTRICT.

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2. P.SABEER, AGED 25 YEARS, S/O.MOHAMMED KUNHI .P, KARUVALAM, PADANNAKAD P.O, KASARAGOD DISTRICT.

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3. SHAFEEQUE M.P, AGED 24 YEARS, S/O.ABDUL RAHIMAN, KANDATHIL HOUSE, NHANIKADAVU,

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OZHINHAVALAPPU P.O, KASARAGOD DISTRICT.

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BY ADV. SRI.K.P.HARISH.

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RESPONDENTS/STATE OF KERALA & COMPLAINANT:

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

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2. THE STATION HOUSE OFFICER, (CRIME NO.384 OF 2014 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT - 671 314.

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BY PUBLIC PROSECUTOR SMT. LALIZA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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THOMAS P. JOSEPH, J.

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

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Bail Appl. No.2635 of 2014

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Dated this the 11^th day of June 2014

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O R D E R

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Petitioners apprehend arrest in Crime No.384 of 2014 of the Hosdurg Police station for the offences punishable under Secs.143, 147, 148, 341, 332, 294(b) and 307 read with Sec.149 of the Indian Penal Code and have filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that the petitioners 1 and 3 are not so far arrayed as accused. The 2^nd petitioner is arrayed as the 3^rd accused, was arrested and later released on bail.

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I have heard the learned counsel for the

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petitioners also.

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In the light of the above submission, I am inclined to issue directions.

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The application is disposed of as under:

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Bail Appl. No.2635 of 2014 2

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I. The application to the extent it concerns the 2^nd petitioner/3^rd accused has become

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infructuous.

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II. 1. Petitioners 1 and 3 shall surrender before the officer investigating Crime No.384 of 2014 of the Hosdurg Police station on 17.06.2014 at 10.00 am for interrogation.

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In case interrogation of the petitioners 1

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and 3 is not completed that day, it is open to the investigating officer to direct presence of them on any other day/days and time which they shall comply.

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In case arrest of the petitioners 1 and 3 is recorded they shall be produced before the jurisdictional magistrate the same day.

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On such production learned magistrate shall release the petitioners 1 and 3 on bail (if not required to be detained otherwise) on their

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Bail Appl. No.2635 of 2014 3

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executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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a) One of the sureties shall be a close relative of each of the petitioners 1 and 3.

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b) Petitioners 1 and 3 shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier .

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c) Petitioners 1 and 3 shall report to the investigating officer as and when required for interrogation.

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d) Petitioners 1 and 3 shall not get involved any offence during the period of this bail.

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e) Petitioners 1 and 3 shall not influence or intimidate the witnesses.

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f) In case any of condition nos.(b) to (e) is

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Bail Appl. No.2635 of 2014 4

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violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100 ).

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Sd/- THOMAS P. JOSEPH JUDGE

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/ True Copy /

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P.A. To Judge

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Faizal P. v. State of Kerala

Case brief

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What did the court decide?

Faizal P. v. State of Kerala

Case brief

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