Syamkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 Bail Appl..No. 1420 of 2015 ---------------------------------------- CRIME NO. 1628/2014 OF PUTHOOR POLICE STATION , KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED- A6 & 8 :
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1. SYAMKUMAR, S/O.SASIDHARAN PILLAI, AGED 25 YEARS, "CHITHRALAYAM", POOVATTOOR WEST MURI, KULAKKADA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.
2. JAYAPRAKASH, S/O.JAYADEVAN, AGED 29 YEARS, SUNIL BHAVANAM, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused Nos.6 and 8 in Crime No.1628/2014 of Puthoor Police Station registered for the offences under Sections 143, 147, 148, 452, 324, 427, 294 (b) 308 read with Section 149 of Indian Penal Code. 3.
The prosecution case is that they trespassed into the property and house of the victim, assaulted him and committed mischief causing him a loss of Rs.10,000/- (Rupees Ten thousand only).
4.
Heard.
5.
The learned counsel submits that the petitioners and the victim were known to one another and still the petitioners' names do not find a place in the First Information Statement, which itself shows that they are not involved in the incident. It is true that their names do not find the place in the First Information Statement. Some of the accused have been granted anticipatory by the
Sessions Court. In these circumstances, I am inclined to grant their prayer for anticipatory bail.
In the result, this application is allowed.
1.
The petitioners 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 for the like sum each if they are arrested by the police in connection with this case.
2.
They shall appear before the investigating officer for interrogation if they are so required by him in writing.
3.
They shall appear before the investigating officer between 10 a.m to 11 a.m on every Wednesday for four months or till the final report is filed whichever is earlier.
4.
They shall not get themselves involved in any other criminal case while they are on bail.
5.
They shall not intimidate or attempt to influence the witnesses.
6.
They shall not destroy or tamper with evidence. In case of violation of any of the above conditions,
the learned Magistrate is empowered to cancel the bail in accordance with law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge