High Court Kerala High Court

A.V. Mohammed Riyas @ Riyas Kakka vs The State Of Kerala on 2 March, 2007

Kerala High Court
A.V. Mohammed Riyas @ Riyas Kakka vs The State Of Kerala on 2 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1289 of 2007()


1. A.V. MOHAMMED RIYAS @ RIYAS KAKKA,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/03/2007

 O R D E R
                            V.RAMKUMAR, J.

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

                    Bail Application No. 1289/2007

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

                  Dated this  2nd day of March, 2007


                                  O R D E R

The petitioner who is the seventh accused in crime

No.771/2000 of Kasargod Police Station for offences

punishable under Sections 143, 147, 148, 324, 326 and 307

IPC read with Section 149 IPC seeks his enlargement on bail.

2. Consequent on the non appearance of the petitioner

in C.P.31/2007 on the file of the J.F.C.M-I, Kasargod, non

bailable warrants of arrest are issued against him and he was

eventually arrested and produced before the Magistrate on

4.2.2007 and was remanded to judicial custody. His

application for bail was rejected by the learned Magistrate. It

is thereafter, that the petitioner has preferred the present

application.

3. According to the learned counsel for the petitioner

the petitioner was in Gulf and that was the reason why he did

not respond to the summons and warrants issued by the

committal Court and that he is desirous of standing trial and

going back to Gulf, if possible.

B.A.1289/2007

2

4. In the light of the submissions expressed by the

petitioner, I am inclined to grant bail to the petitioner.

Accordingly the petitioner is directed to be released on bail on

his executing a bond for Rs.25,000/- (Twenty Five Thousand

Rupees) with two solvent sureties each for the like amount to

the satisfaction of the J.F.C.M-I, Kasargod and subject to the

following conditions:-

(a). The petitioner shall appear before

the Committal Court and the Sessions

Court to which he is committed on all the

dates of posting.

(b). The petitioner shall surrender his

passport before the J.F.C.M-I, Kasargod.

(c). The petitioner shall not influence

or intimidate the prosecution witnesses

nor shall he attempt to tamper with

the evidence for the prosecution.

(d). The petitioner shall not commit any

offence while on bail.

B.A.1289/2007

3

5. If the petitioner commits breach of any of the above

conditions, the bail granted to him shall be liable to be

cancelled.

The application is allowed as above.

V.RAMKUMAR,

JUDGE

mrcs