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Muhammed Musthafa

High Court Of Kerala|13 June, 2014
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JUDGMENT / ORDER

Petitioner is the 10th accused in Crime No.373 of 2014 of the Chandera Police station for the offences punishable under Secs. 364(A), 307, 120B and 109 etc. read with Sec.34 of the Indian Penal Code for alleged kidnapping of one Abdul Nazar on 25.04.2014, detaining him in illegal custody for about 17 days demanding ransom, is in custody from 19.05.2014 and seeks bail 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. To some of the accused involved in the case who were in custody from 19.05.2014 and prior that , I have granted bail as per order dated 11.06.2014 in B.A. No.3857 of 2014 and connected applications. In the light of the aforesaid order, considering detention of the petitioner from 19.05.2014 as he is not reported to be involved in any other case from the Chandera Police station, I am inclined to grand bail but subject to conditions.
Petitioner is granted bail in Crime No.373 of 2014 of the Chandera Police station and shall be released on bail ( if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees Thirty thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions.
(a) Whether or not he/she has landed property, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.373 of 2014 of the Chandera Police station on every Monday and Saturday between 10.00 a.m. and 12.00 p.m. until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved any offence during the period of this bail.
(e) Petitioner shall not influence or intimidate witnesses.
(f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate/ Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
II. Since investigation is not completed, this order granting bail will take effect only from 16.06.2014.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge
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Title

Muhammed Musthafa

Court

High Court Of Kerala

JudgmentDate
13 June, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri Sunny Mathew