Abdul Salam vs State Of Kerala

Citation : 2024 Latest Caselaw 10465 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Abdul Salam vs State Of Kerala on 11 April, 2024

Author: V.G.Arun

Bench: V.G.Arun

Bail Appln.No.2912 of 2024
                                      1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                      BAIL APPL. NO. 2912 OF 2024
     CRIME NO.284/2024 OF Perinthalmanna Police Station,
                          Malappuram

AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.1686 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA

PETITIONER/ACCUSED:


              ABDUL SALAM
              AGED 47 YEARS
              S/O MUHAMMED CHOOLAYIL KAKKATTIL HOUSE, ARIPRA
              P.O MALAPPURAM DIST., PIN - 679 321


              BY ADV K.MUHAMMED SALAHUDHEEN

RESPONDENT(S)/COMPLAINANT:


       1      STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031

       2      THE STATION HOUSE OFFICER
              PERITHALMANNA POLICE STATION MALAPPURAM DIST.,
              PIN - 679 322

OTHER PRESENT:


              PP NIMA JACOB

THIS       BAIL   APPLICATION    HAVING   COME   UP    FOR    ADMISSION   ON
11.04.2024,        THE   COURT   ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 Bail Appln.No.2912 of 2024
                                  2

                               ORDER

Dated this the 11th day of April 2024 The petitioner is the accused in Crime No.284/2024 registered at the Perinthalmanna Police Station for offences punishable under Sections 323 and 326 of the IPC. The crime was registered on the allegation that, on 27.08.2023, at about 8 a.m., the petitioner assaulted his sister, while she was stacking firewood in the shed attached to their ancestral house. The petitioner was arrested on 26.03.2024 and is continuing in custody.

2. Learned counsel for the petitioner submitted that the investigation is complete and no purpose is being served by the petitioner continuing in custody. It is submitted that the petitioner is prepared to abide by any condition imposed by this Court.

3. I heard the learned Public Prosecutor also. Considering that the petitioner has been in custody from 26.03.2024 onwards and the investigation is complete, I am inclined to grant bail to the petitioner on stringent conditions.

i) The petitioner shall be released on bail on his Bail Appln.No.2912 of 2024 3 executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the jurisdictional court.
ii) The petitioner shall not try to influence or intimidate the defacto complainant or the witnesses in any manner whatsoever.
iii) The petitioner shall not get involved in any offence of similar nature while on bail.
iv) The petitioner shall surrender his passport before the jurisdictional court within two weeks of his release and if he does not hold a passport, shall file an affidavit to that effect before the jurisdictional court.
v) The petitioner shall appear before the investigating officer as and when required.

If the petitioner violates any of the above conditions, the prosecution will be at liberty to approach this Court for cancellation of bail.

Sd/-

V.G. Arun Judge vpv