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High Court of KeralaBail Appl./728/2015partly allowed

Sanoj S v. State Of Kerala

2015-06-02Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 728 of 2015 () ------------------------------ CRIME NO. 145/2015 OF CHAVARA POLICE STATION,KOLLAM DISTRICT ------------------ PETITIONER(S)/1 TO 6 ACCUSED :

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1. SANOJ.S., AGED 26 YEARS, S/O. M.N.SADASIVAN, REVATHY, MULLAKKARI, PANMANA P.O., CHAVARA.

2. KICHU @ AKHILSHIVAN, AGED 26 YEARS, S/O. SADASIVAN, KAINCHERI THEKKATHIL, VADAKKUMTHALA P.O., KARUNAGAPPALLY.

3. BALU, AGED 23 YEARS, S/O. BALACHANDRAN, BALABHAVAN, MIDAPPALLY, PANMANA, CHAVARA.

4. SABU, AGED 25 YEARS, S/O. BABU, THACHILEZHATHU THEKKATHIL, MULLAKKARI, PANMANA.

5. AKHIL JITH, AGED 19 YEARS, S/O. ASOKAN, AKHIL BHA MULLAKKARI, PANMANA P.O., CHAVARA.

6. AKASH.R., AGED 18 YEARS, S/O. RADHAKRISHNA, VILAYATH MULLAKKARI, PANMANA P.O.,CHAVARA.

BY ADV. SRI.M.R.SASITH RESPONDENT(S)/STATE/COMPLAINANT :

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

2. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, PIN-690 001.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

==================== B.A. No. 728 of 2015 ==================== Dated this the 2nd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners apprehend that they will be arrested by the police in Crime No. 145 of 2015 of Chavara Police Station registered for the offences under sections 143, 147, 452, 323, 427, 294(b) 149 of IPC. The prosecution case is that they trespassed into the house of the first informant and assaulted him and outraged the modesty of his wife and committed mischief.

3. Heard.

4. None of the victims sustained any serious injuries. There is no allegation that the petitioners used any weapon. Having regard to these facts, I am inclined to grant the prayer of petitioners except the 6th one who is not an accused in the case. In the result, petitioners 1 to 5 shall be released on bail after interrogation on their executing a bond for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with

B.A. No. 728 of 2015 ::2::

this case.

2) They shall appear before the Investigating Officer for interrogation; if they are so required by him in writing.

3) They shall not destroy or tamper with evidence.

4) They shall not get themselves involved in any other criminal cases.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge