Rineesh N.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 Bail Appl..No. 711 of 2015 ------------------------------ CRIME NO. 1554/2014 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT. ...........
PETITIONER(S)/ACCUSED NO. 1 AND 2:
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1. RINEESH N.P, AGED 26 YEARS, S/O. GANGADHARN, NADUVILE PURAYIL HOUSE, RAMANTHALI AMSOM, KAKKAMPARA.
2. VIJILESH A, AGED 24 YEARS, S/O. BALAKRISHNAN P., ARAMBAN HOUSE, RAMANTHALI AMSOM, KAKKAMPARA, KANNUR DISTRICT.
BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT:
-------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
B.KEMAL PASHA, J.
................................................................ B.A. No. 711 of 2015 ............................................................... Dated this the 16th day of February, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioners are A1 and A2 respectively in Crime No.1554/2014 of the Payyanur Police Station, Kannur registered for the offence punishable under Section 447 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act.
3.
The allegations against the petitioners is that on 17.12.2014 at 20.30 a.m. they trespassed into the courtyard of the house of the defacto complainant, and out of political enmity, they hurled bombs at the house thereby causing explosions. The petitioners have been in custody for the period from 17.12.2014 onwards.
B.A.No.711 of 2015 -: 2 :- 4.
Heard learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor has opposed the petition. Perused the CD.
5.
The contents of the CD reveal that the investigation of this case is practically over. It is true that the allegations against the petitioners are very grave and serious. Continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody, this court is of the view that the petitioners can be enlarged on bail, on strict conditions, by considering the fact that they have involved in another similar offence also. 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
B.A.No.711 of 2015 -: 3 :- conditions:- (i) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 23.02.2015 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioners shall not enter Kannur District for a period of six months from today. (iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) 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