Manaf v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 Bail Appl..No. 8249 of 2015 ------------------------------------------ CRIME NO. 1716/2014 OF KANNUR TOWN POLICE STATION , KANNUR DISTRICT ------------------- PETITIONER(S)/ACCUSED NO.2 (IN CUSTODY) :
----------------------------------------------------------------------- MANAF, AGED 21 YEARS, S/O.MAJEED, MARJANS HOUSE, KUNIYIL PEEDIKA, KAKKAD DESOM, PUZHATHI VILLAGE, KANNUR DISTRICT. BY ADVS.SRI.RAJIT SRI.V.V.JOY RESPONDENT(S) :
---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.P. JYOTHINDRANATH, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of December, 2015
O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure.
2.
When the petition came up for hearing, the learned counsel for the petitioner submitted before me that the allegation is that the petitioner snatched a gold chain weighing 51⁄2 sovereigns from the neck of the defacto complainant and also caused hurt to her. The petitioner was arrested on 24.11.2015. It is also submitted before me that the petitioner is aged only 21 years. Continued incarceration will destroy his future and adversely affect his character.
3.
I heard the learned Public Prosecutor, who submitted before me that if a light attitude is taken it will give a wrong signal to the society and the youngsters. 4.
After considering the age of the petitioner and also considering the totality of the case and further keeping in mind the nature of the investigation involved, I feel that it
will be only just and proper to grant bail to the petitioner herein on the following conditions:
1) The petitioner shall be released on bail on his executing 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 having jurisdiction.
2) One of the sureties shall be petitioner's close relative like father/mother/uncle/brother/sister etc. It is further made clear that even if such surety is not having any property in his/her name, the lower court can accept him as a surety provided his identity is established.
3) The petitioner shall appear before the Investigating Officer for interrogation on all Saturdays in between 10.00 a.m. and 11.00 a.m. for a period of one month.
4) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with
the evidence.
5) The petitioner shall not involve in any other offence during the period of bail.
6) The petitioner shall co-operate with the investigation.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this court.
On the above conditions, this bail application allowed. Sd/- K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/