Damu @ Damodharan v. The Sub Inspector Of Police, Adhur Police Station
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. 938 of 2015 -------------------------------------- CRIME NO. 67/2015 OF ADHUR POLICE STATION, KASARGOD DISTRICT -------------------- PETITIONER(S)/ACCUSED :
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1. DAMU @ DAMODHARAN, AGED 46 YEARS, S/O.KRISHNA MANIYANI, BEENANKOTE HOUSE, KARADKA VILLAGE.
2. YAGNESH, S/O.BALAKRISHNA RAO, AGED 25 YEARS, MEGHINAMANI, ADHUR VILLAGE, KASARAGOD.
3. PRASHANTH M.S., S/O.LATE SHIVAJI RAO, AGED 33 YEARS, DEVIKRIPA HOUSE, AMBIKA NAGAR, ADHUR VILLAGE, KASARAGOD.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT/STATE :
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1. THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION, KASARAGOD - 671 543.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J.
= = = = = = = = = = = = = B.A.No.938 of 2015 = = = = = = = = = = = = = = Dated this the 27 th day of March, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioners are the accused in Crime No.67/2015 of Adhur Police Station registered for the offences under Sections 143,147,148,323,341 and 308 read with 149 IPC.
3. The allegation is that, the petitioners assaulted the victim with a dangerous weapon.
4. Heard.
5. The weapon allegedly used by the petitioners is a stick and it has been recovered. In spite of specific direction, the Investigating Officer has failed to produce the wound certificate. In these circumstances, I am inclined to grant the prayer of the petitioners.
In the result, this application is allowed.
1) The petitioners shall be released on bail after interrogation on their executing a bond for `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 this case.
B.A.No.938 of 2015 2) They shall appear before the Investigating Officer for interrogation between 10 am and 11 am on the 1st and 3rd Saturdays for three months or till the final report is filed, whichever is earlier.
3) They shall not destroy or tamper with evidence. 4) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW, JUDGE sj