IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6637 of 2007()
1. MUHAMMED HANEEF, S/O.P.M.IBRAHIM,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP; BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :31/10/2007
O R D E R
R.BASANT, J
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B.A.No.6637 of 2007
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Dated this the 31st day of October, 2007
ORDER
Application for regular bail. The petitioner is the 3rd accused. He
faces allegations for offences punishable, inter alia, under Sections 323
and 308 r/w 149 I.P.C.
2. The defacto complainant is a conductor of a stage carriage.
The alleged incident took place on 21.10.07. There was some previous
dispute for the passengers with the conductor about non return of the
balance money due from the conductor. On account of that animosity,
a group of persons including the petitioner is alleged to have attacked
the defacto complainant with a stone. Crime is registered. The
petitioner was arrested on 23.10.07. He continues in custody from
that date.
3. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. No injury worth the name has been
suffered by the victim. Exaggerated allegations are being raised and
the police are obliging the defacto complainant by registering a crime
under Section 308 I.P.C. Such registration has now denied liberty to
the petitioner from the date of arrest. Only because of the offence
under Section 308 I.P.C, the petitioner is constrained to languish in
prison now. The petitioner may be enlarged on bail, it is prayed.
B.A.No.6637 of 2007 2
4. The learned Public Prosecutor does not oppose the said
prayer. It has been confirmed that no serious injury whatsoever has
been suffered by the victim. I am satisfied that the petitioner can now
be enlarged on bail subject to appropriate terms and conditions.
5. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall execute a bond for Rs.25,000/-
(Rupees Twenty five thousand only) with two solvent sureties each for
the like sum to the satisfaction of the learned Magistrate;
ii) The petitioner shall make himself available for interrogation
before the Investigating Officer as and when directed by the
Investigating Officer in writing to do so.
(R.BASANT, JUDGE)
rtr/-
