Jeffrin Jose v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 Bail Appl.No. 745 of 2015 ----------------------------------- CRIME NO. 938/2014 OF PUTHENVELIKKARA POLICE STATION, ERNAKULAM .........

PETITIONER(S)/ACCUSED NO.9:

---------------------------------------------- JEFFRIN JOSE, AGED 20 YEARS, S/O.JOSE, VAZHAPPILLY HOUSE, PUTHANVELIKKARA, ERNKAULM DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE:

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

(CRIME NO. 938/2014 OF PUTHANVEIKKARA POLICE STATION, ERNAKULAM DISTRICT)

2. STATION HOUSE OFFICER, PUTHENVELIKARA POLICE STATION, ERNAKULAM DISTRICT - 683 512, (CRIME NO. 938/2014 OF PUTHANVEIKKARA POLICE STATION, ERNAKULAM DISTRICT).

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.745 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

Petitioner is the 9th accused in crime No.938/2014 of Puthanvelikkara Police Station, which was registered for the offences under Sections 143, 147, 148, 323, 324 326, 506(iii) and 307 r/w. 149 IPC.

2.

The allegation is that he along with the co-accused armed with deadly weapons assaulted the victims.

3.

Heard.

4.

The learned counsel submits that neither in the F.I. Statement nor in the subsequent remand report the petitioner's name finds a place.

5.

The prosecution case is that the petitioner's involvement was revealed in the statement of the second accused. The second accused was arrested on 22.12.2014. The petitioner was made an accused only on 09.01.2015. There are some suspicious circumstances. Having regard

B.A. No.745 of 2015 -2to this fact, I am inclined to grant the prayer for anticipatory bail.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case.

2) He shall appear before the Investigating Officer, if he is so required by him in writing.

3) He shall co-operate with the investigation.

This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/