Allowed

Abdul Jaleel.P. v. the State of Kerala

Kerala HC21 May 2014Bail Appl./2743/2014

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner, an accused in a case involving offences punishable under Sections 332 and 307 of the IPC, subject to stringent conditions including executor of bond, surrender of passport, and reporting to the investigating officer.

What did the court decide?

Petitioner granted bail subject to execution of bond for 25,000/ with three sureties and specific reporting conditions.

Abdul Jaleel.P. Vs the 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 21ST DAY OF MAY 2014/31ST VAISAKHA, 1936

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Bail Appl..No. 2743 of 2014 () ------------------------------CRIME NO. 138/2014 OF BEKAL POLICE STATION , KASARGOD

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PETITIONER/ACCUSED:

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ABDUL JALEEL.P. AGED 29 YEARS, S/O. KUNHAMMED RESIDING AT BISMILLA MANZIL, RAHMATH ROAD, POOCHAKKAD KEEKKAN VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.JAWAHAR JOSE

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RESPONDENT(S)/STATE: --------------------

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

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BY PUBLIC PROSECUTOR: ADV LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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=========================

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B.A.No.2743 of 2014

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============================ Dated this the 21^st day of May, 2014

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O R D E R

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Petitioner is accused, in Crime No.138 of 2014 of the Bekal Police Station for the offences punishable under Secs.332 and 307 of the Indian Penal Code, is in custody from 25.02.2014, his earlier application for bail was dismissed on 25.03.2014 and seeks bail.

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Learned Public Prosecutor has opposed the application. It is submitted that on 17.02.2014 at about 11.10p.m, the de facto complainant attempted to cause death of the Sub Inspector of Bekal Police Station by hitting him with a pick up van which carried river sand. Petitioner is also involved in three other cases registered by the Bekal police - Crime Nos.297 of 2009, 285 of 2012 and 135 of 2013 for offences punishable under the Penal Code, MMD Rules and the Sand Act.

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Learned counsel submits that the offences under the MMD Rules is compoundable and other offences alleged against the petitioner are minor in nature. It is also submitted that further custody of the petitioner is not required.

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Having heard both sides, I am satisfied that further custody of the petitioner is not required. Hence I am inclined to

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B.A.No.2743 of 2014

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grant bail but subject to stringent conditions to prevent recurrence of such incidents in future.

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Resultantly this application is allowed as under:

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(i) Petitioner is granted bail in Crime No.138 of 2014 of the Bekal Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25 ,000 /- (Rupees Twenty Five Thousand Only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:

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(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.

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(b) Petitioner shall surrender his passport before the learned magistrate while executing the bail bond and in case he has none, file affidavit to that effect.

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(c) In case the petitioner surrenders the passport as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned magistrate who shall decide the matter.

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(d) Petitioner shall report to the Officer investigating Crime No.138 of 2014 of the Bekal Police Station on every Saturday between 10 a.m and 12 p.m until filing of the final report.

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B.A.No.2743 of 2014

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(e) Petitioner shall report to the Investigating Officer as and when directed for interrogation.

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(f) Petitioner shall not, during the period of this bail get involved in any offence.

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(g) Petitioner shall not intimidate or influence the witnesses.

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(h) In case of violation of any of condition Nos.(d) to (g), bail granted hereby is liable to be cancelled by moving application before the learned magistrate until committal if any and thereafter before the learned Principal Sessions Judge as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).

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Sd/-

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THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy

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P A to Judge

Abdul Jaleel.P. v. the State of Kerala

Case brief

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Abdul Jaleel.P. v. the State of Kerala

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