High Court Kerala High Court

Shamsudeen vs State Of Kerala on 30 July, 2008

Kerala High Court
Shamsudeen vs State Of Kerala on 30 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4921 of 2008()



1. SHAMSUDEEN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :30/07/2008

 O R D E R
                            K.HEMA, J.
                 --------------------------------------
                  Bail Application No.4921 of 2008
                 ---------------------------------------
                Dated this the 30th day of July, 2008


                               O R D E R

This petition is for bail.

2. The alleged offences are under Sections 143, 147, 341

and 332 read with Section 1491 IPC. According to the

prosecution, some police officials were travelling in a bus while

the accused came in a motor cycle and blocked the bus and tried

to assault them. To avoid inconvenience to the public, the

officials got out of the bus and they were assaulted by the

petitioner and others on the road. Two police constables

sustained injuries in the incident.

3. Learned counsel for the petitioner submitted that the

petitioner had filed anticipatory bail application, as B.A.No.

4710/08 on 21.7.2008 and it was posted for instructions on

28.7.2008, and in the meanwhile, petitioner was arrested and he

was brutally manhandled at the police station. Petitioner was

remanded to custody also, on 28.7.2008. It is also submitted

that the petitioner is not involved in any other offence and this

BA No.4921/08 2

case is filed only as a shield to the complaint which was expected

to be raised against custodial torture.

4. Learned public prosecutor submitted that he has no

objection in granting bail to the petitioner on conditions.

Hence, bail is granted to the petitioner on the following

terms and conditions:

(i) Petitioner shall execute bond for Rs.25,000/- with two

solvent sureties each for the like sum to the

satisfaction of the Magistrate Court concerned.

(ii) Petitioner shall report before the Investigating Officer

on every alternate Monday between 10 a.m. to 1 p.m.

until further orders.

The petition is allowed.

K.HEMA, JUDGE

csl