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Hamza A.M vs State Of Kerala

High Court Of Kerala|29 May, 2014
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JUDGMENT / ORDER

Petitioner is accused, in Crime No.313 of 2014 of the Bekal Police Station for the offence punishable under Sec.307 r/w Sec.34 of the Indian Penal Code, is in custody since 18.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 16.04.2014 at about 8.30 p.m, the petitioner attacked the de facto complainant with a knife. The knife is recovered.
3. Learned counsel submits that B.A.No.3118 of 2014 was dismissed by this Court on 09.03.2014 for the reason that investigation is in the preliminary stage.
4. On hearing both sides, it is revealed that the petitioner is not reported to be involved in any other case. Having regard to the relevant circumstances, I am inclined to think that further custody of the petitioner is not required for investigation. Hence I am inclined to grant bail but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.313 of 2014 of the Bekal Police Station and B.A.No.3599 of 2014 2 shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the Officer investigating Crime No.313 of 2014 of the Bekal Police Station on every Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge
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Title

Hamza A.M vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
29 May, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri Jawahar Jose