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2010 Supreme(Online)(KER) 20067
HIGH COURT OF KERALA
K.T.SANKARAN, J
JAFFER SADIQUE @ JAFFER – Appellant
Versus
STATE THROUGH TALIPARAMBA POLICE STATION – Respondent
Bail Appl./399/2010
SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI
Bail may be granted even in cases of serious offences if justified by circumstances, subject to stringent compliance conditions.
Headnote:
Bail - Criminal Procedure - Code of Criminal Procedure Section 439 - The court granted bail under stringent conditions while considering the nature of the offence, duration of custody, and ongoing investigation.
Fact of the Case:
The petitioner, accused of multiple offences including serious violence against police, sought bail after being arrested and remanded to judicial custody. Previous bail was granted to other accused persons in a related case.
Finding of the Court:
The court deemed that granting bail was appropriate considering the circumstances of the case, including the length of custody and the nature of allegations. Stringent conditions were imposed to ensure compliance and safety.
Issues: Whether the petitioner is entitled to bail given the serious charges against him and the need for justice to be served.
Ratio Decidendi: The court established that bail can be granted even in serious offences under appropriate conditions, emphasizing the principle that remand should not be punitive but a part of due process.
Final Decision: Bail granted with stringent conditions.
ORDER
This is an application for bail under Section 439 of the Code of Criminal Procedure . The petitioner is accused No.13 in Cr.No.707 of 2009 of Taliparamba Police Station.
2. The offences alleged against the petitioner are under Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act.
3. The prosecution case is that on 15.11.2009 at about 5 PM, when the police party was patrolling in the disputed area in Taliparamba, where clashes between the workers of Communist Party of India (Marxist) and of the Indian Union Muslim League were rampant, the accused persons, 45 in number, came on fifteen motor bikes and attacked the police party. One Assistant Sub Inspector of Police sustained serious injuries resulting in a fracture. Others also sustained injuries. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused.
BA No.399/2010 2
4. The petitioner was arrested on 7.1.2010. He was remanded to judicial custody.
5. As per the order dated 15th December, 2009 bail was granted to some of the accused persons.
6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions.
The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions:
a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays for a period of two months and thereafter, on all Wednesdays, till the final report is filed or until further orders;
b) The petitioner shall appear before the investigating officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;
BA No.399/2010 3 e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
