Abdul Saheer, Son Of Abdul Rahman v. State Of Kerala
2021-04-20
K.BABU
body2021
DigiLaw.ai
ORDER : This is an application filed under Section 439 of the Code of Criminal Procedure. 2. The petitioner is the 1st accused in C.P No.19/2020 on the file of the Judicial First Class Magistrate Court, Thaliparamba. This case has been registered alleging offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii), 308, 427 r/w 149 of Indian Penal Code. 3. The prosecution allegation is that, the petitioner and the other accused formed themselves into an unlawful assembly and voluntarily caused grievous hurt to a bus driver by means of dangerous weapons. 4. The petitioner was ordered to be released on bail as per order dated 09-01-2020 in B.A No.9532/2019 on conditions. One of the conditions while granting bail to the petitioner was that, he shall not involve in any other offence while on bail. While the petitioner was on bail, another Crime No.904/2020 was registered against him alleging offences punishable under Sections 341, 323, 324 and 307 r/w 34 of Indian Penal Code and Sections 3(1)(s), 3(2)(Va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 5. On the ground that he violated the conditions in the order dated 09-01-2020 in B.A No.9532/2019, his bail was cancelled and he was arrested on 04-03-2021 and he has been in judicial custody since then. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him and that he has been implicated in another crime with intend to harass him and actually he had no involvement in the incidents which led to the registration of F.I.R No.904/2020. 8. The learned Public Prosecutor submitted that the prosecution has no serious objection in granting bail on strict conditions. 9. Final Report has already been submitted in this case and the petitioner has been in judicial custody for the last 48 days. 10. Having regard to the entire circumstances, I am of the view that the petitioner is entitled to be released on bail on conditions. In the result, this Bail Application is allowed as follows: (a) The petitioner is ordered to be released on bail on executing bond for Rs.2,00,000/-(Rupees Two Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
In the result, this Bail Application is allowed as follows: (a) The petitioner is ordered to be released on bail on executing bond for Rs.2,00,000/-(Rupees Two Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. (b) The petitioner shall surrender his Passport before the jurisdictional court and if he has not secured any passport, he shall file an affidavit to that effect before the court within 7 days from the date of his release. (c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.