High Court of Kerala allowed bail application. Petitioner was permitted to surrender for interrogation within ten days and released on bail upon arrest if tried, after which he'd be released on bail upon execution of bond.
Bail allowed on surrender within ten days; on arrest, release on bond of Rs.50,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 9TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 BAIL APPL. NO. 3825 OF 2021
PETITIONER/S:
ABDUL KHADER BELMA NARINGANA AGED 55 YEARS SON OF HAMMAD KUNHI HAJI, SEETHANGOLI, MANJESWAR, KASARGODE KASARGOD, PIN - 671321 BY ADV RILGIN V.GEORGE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 ABDUL SHAFEEQ M AGED 28 YEARS SON OF ABDUL RAHMAN, K.A.A MANZIL, MORATHANA, KADAMBAR POST, MEENJA, MANJESWAR KASARGOD, PIN - 671323 BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3825 OF 2021
2
ORDER
When taken up, the learned counsel for the defacto complainant Adv. S.K.Saju submitted that the matter has been settled among the parties. The main offence alleged is under Section 420 of the I.P.C. In the light of the above, it does not seem that custodial interrogation can be insisted.
In the circumstances, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only)with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
Bail Application is allowed as above.
Sd/-
K.HARIPAL JUDGE
rps/
1 issue framed by the court
Whether bail should be granted to the petitioner in a case under Section 420 IPC given the settlement between parties.
ABDUL KHADER BELMA NARINGANA
STATE OF KERALA
ABDUL SHAFEEQ M
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
