Abdul Hameed @ Ammi vs State of Kerala

K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The Petitioner is the 2nd accused in Crime No. 231 of 2011 of the Manjeshwar Police Station, Kasaragod District.

The offences alleged against the Petitioner are under Sections 452, 324, 308 and 427 read with 34 of the Indian Penal Code.

The prosecution case is that on 16.3.2011 at 11.40 P.M, the accused persons trespassed into the house of the defacto complainant and attacked the defacto complainant and the inmates of the house with sword and sticks. The defacto complainant sustained two superficial incised wounds.

The formal arrest of the Petitioner was recorded on 29.6.2011, on his production before the court on production of warrant.

The learned Public Prosecutor submitted that the Petitioner is involved in four other cases and that he is also involved in offences committed in the State of Karnataka.

Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the Petitioner.

The Petitioner shall be released on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions:

A) The Petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays, till the final report is filed or until further orders.

B) The Petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, Kasaragod. If the Petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate.

C) The Petitioner shall appear before the investigating officer for interrogation as and when required;

D) The Petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.

E) The Petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.

F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Petitioner shall not be released from jail, if his detention is required in other cases.

The Bail Application is allowed as above.