IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3112 of 2010()
1. FAISAL, AGED 21 YEARS, S/O.ABDULLA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE S.I. OF POLICE,
For Petitioner :SMT.DHANYA P.ASHOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :28/05/2010
O R D E R
K.HEMA, J.
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B.A. No.3112 of 2010
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Dated this the 28th day of May, 2010
O R D E R
Petition for bail.
2. The alleged offences are under Sections 341, 324, 326
and 307 read with Section 34 of the Indian Penal Code and
Section 27 of the Arms Act. According to prosecution, petitioner
(A3) along with other accused wrongfully restrained and
assaulted de facto complainant and attempted to commit murder.
Iron rod and sword were used for the commission of the offence.
The incident happened on 09.04.2010 at about 10. P.M.
3. Learned counsel for petitioner submitted that there is
some discrepancy regarding involvement of the petitioner in the
case. F.I. Statement would show that one “Jagir” had inflicted
cut injury on the de facto complainant but Annexure-C would
show that one “Mubarak” inflicted the injury. Petitioner’s name is
not shown in the F.I. Statement. Petitioner actually surrendered
before the police on 12.05.2010 on knowing that he is implicated
in the offences and he is in custody for the past 16 days. It is
also submitted that petitioner is implicated only because he
B.A. No.3112 of 2010 2
knows the first accused and when the police came to him in
search of the first accused, his whereabouts could not be stated
by petitioner. First accused is yet to be arrested.
4. Learned Public Prosecutor submitted that as per the
allegations made, petitioner had beaten the de facto
complainant with an iron rod. Though his name is not mentioned
in the F.I. Statement, on investigation, his involvement is
revealed. Learned Public Prosecutor submitted that he has no
objection in granting bail, but stringent conditions may be
imposed.
5. On hearing both sides, I am satisfied that bail can be
granted on stringent conditions. Hence the following order is
passed:
Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
conditions:
B.A. No.3112 of 2010 3
i) Petitioner shall appear before the
Investigating Officer on every Monday and
Thursday, between 10 A.M. and 1 P.M.,
until further orders.ii) Petitioner shall not enter the limits of the
police station within which the incident
happened, except for compliance of
condition no.1, until further orders.iii) Petitioner shall not influence or intimidate
any witnesses or tamper with the
evidence.
This petition is allowed.
K. HEMA, JUDGE
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