Vinod Kumar, S/O.Mathew v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 Bail Appl..No. 693 of 2015 () ------------------------------ CRIME NO. 1529/2014 OF THALIPARAMBA POLICE STATION , KANNUR DISTRICT ------------- PETITIONER/ACCUSED:
------------------------------------- VINOD KUMAR, S/O.MATHEW, AGED 38 YEARS, PUTHIYAPURAYIL HOUSE, MADAKKAD, 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- 680 141 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.693 of 2015 B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February 2015
ORDER
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the first accused 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 I.P. C.
3.
The allegation against the petitioner and the other accused is that on 1.12.2014 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 de-facto complainant and his associates were travelling thereby causing very serious injuries to the One Rajan and others who were travelling by the jeep. It is alleged that they caused grievous hurt to the said injured and damage to the jeep extending
B.A.693/2015 to Rs.6,000/-. The petitioners have been in custody for the period from 7.12.2014 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It has come out that the petitioner is involved in 3 other criminal cases also. At the same time, it seems that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that as a last chance, the petitioner can be enlarged on bail, in this case also on conditions.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and
B.A.693/2015 conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Tuesdays and Fridays, commencing from 17.2.2015 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioner shall not enter in Kannur district for a period of six months from today.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner 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 dl // TRUE COPY // PA to Judge