Prasobh v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 Bail Appl..No. 491 of 2015 -------------------------------------- CRIME NO. 1529/2014 OF THALIPARAMBA POLICE STATION , KANNUR DISTRICT -------------------- PETITIONER(S)/ACCUSED [RANK NOT KNOWN] :
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1. PRASOBH, AGED 26 YEARS, S/O.PRABHAKARAN, THALAKKOTTU HOUSE, MANGARA, KOOVERI AMSOM, THALIPARAMBA, KANNUR.
2. MANUKUMAR.P.M, AGED 23 YEARS, S/O.MOHANAN, PUTHIYAPURAYIL HOUSE, MANGARA, KOOVERI AMSOM, THALIPARAMBA, KANNUR.
3. VISHAKH P.K, AGED 20 YEARS, S/O.NARAYANAN, PARAYANKUNNATH HOUSE, MANGARA, KOOVERI AMSOM, THALIPARAMBA, KANNUR.
4. AKHIL.T.V, AGED 20 YEARS, S/O.ASHOKAN, THAVATHUVALAPPIL HOUSE, THUYIPRA, KOOVERI AMSOM, THALIPARAMBA, KANNUR.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.BABU THOMAS (PAZHAYATHOTTATHIL) SRI.K.K.ANIL KUMAR RESPONDENT(S)/STATE & COMPLAINANT :
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1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE STATION HOUSE OFFICER, THALIPARAMBA POLICE STATION, KANNUR DISTRICT- 670 141.
BY PUBLIC PROSECUTOR SRI.SREEJITH.V.S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.
B.KEMAL PASHA, J.
................................................................ B.A. No.491 of 2015 ............................................................... Dated this the 27th day of January, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioners are A4 to A7 in Crime No.1529/2014 of the Thaliparamba Police Station, Kannur registered for the offences punishable under Sections 143, 147, 148, 324 and 427 read with Section 149 of the Indian Penal Code. 3.
The allegation against the petitioners and the other accused is that on 01.12.2014 at 9 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like granite stones etc. and pelted stones towards the passengers of the jeep by which the defacto complainant and his associates were travelling thereby causing very serious injuries to the one Rajan and others
B.A.No.491 of 2015 -: 2 :- who were travelling by the jeep. It is alleged that they caused grievous hurt to the said injured and damage to the jeep extending to ₹6,000/-. The petitioners have been in custody for the period from 07.12.2014 onwards. 4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
No criminal antecedents have been reported against the petitioners herein. Having regard to the period undergone by the petitioners in custody and the absence of any criminal antecedents on their part, I am of the view that the petitioners can be enlarged on bail.
6.
In the result, this bail application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
B.A.No.491 of 2015 -: 3 :- (i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 03.02.2015 for a period of six months.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge