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High Court of KeralaBail Appl./1508/2015allowed

Sasi v. State Of Kerala

2015-05-27Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Bail Appl..No. 1508 of 2015 () ------------------------------- CRIME NO. 103/2015 OF VAZHAKULAM POLICE STATION, ERNAKULAM ------------------- PETITIONER/7TH ACCUSED :

---------------------------------------- SAJI, AGED 22 YEARS, S/O. SAJU, RESIDING AT VATTAUNNEL HOUSE, NADUKKARA KARA, MUVATTUPUZHA, ERNAKULAM DISTRICT PINCODE-686673 BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031 REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE MUVATTUPUZHA POLICE STATION, INVESTIGATING OFFICVER IN CRIME NO.103/2015 OF VAZHKULAM POLICE STATION ERNAKULAM DISTRICT

2. SUB INSPECTOR OF POLICE, VAZHAKKULAM POLICE STATION, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686673.

R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.1508 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

The Petitioner along with the third accused is alleged to have committed the offences under Sections 143, 144, 147, 148, 323, 324, 326, 307 read with Section 149 of the Indian Penal Code.

3.

The prosecution case is that the accused in the case assaulted the victim with deadly weapons in an attempt to cause his murder.

4.

Heard.

5.

The learned counsel submits that the petitioner was a victim of the assault made by the first informant and others and he was falsely implicated subsequent to the registration of the case. The learned Public Prosecutor submits that the police have registered a case against the first informant and others, the number being Crime No.104 of 2015. The wound certificate of the petitioner shows that he sustained fracture of the left ulna. The co-accused have

B.A. No.1508 of 2015 already been arrested. Having regard to these facts I am inclined to grant the prayer of the petitioner 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.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 for interrogation if he is so required by him in writing. 3) He 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 the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge