Abindas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 Bail Appl..No. 1531 of 2015 ------------------------------------- CRIME NO. 154/2015 OF MANGALAPURAM POLICE STATION , THIRUVANANDAPURAM ------------------ PETITIONER(S)/9TH ACCUSED:
------------------------------------------- ABINDAS, AGED 19 YEARS S/O. MOHANDAS, ANAKKODU MYNAKAM VEEDU, VAVARAYAMBALAM KEEZHTHONNACKAL VILLAGE.
BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S)/COMPLAINANT:
-----------------------------------------------
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULA - 682 031.
2. SUB INSPECTOR OF POLICE MANGALAPURAM POLICE STATION - 695 113.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
B.KEMAL PASHA, J.
................................................................ B.A. No. 1531 OF 2015 ............................................................... Dated this the 20th day of March, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the 9th accused in Crime No.154/2015 of the Mangalapuram Police Station, Thiruvananthapuram registered for the offences punishable under Sections 143, 144, 147, 323, 326, 341, 308 and 506 (ii) read with Section 149 of the Indian Penal Code. 3.
The allegation against the petitioner and the other accused is that on 24.02.2015 at 8.30 p.m., they formed themselves into an unlawful assembly armed with deadly weapons and committed rioting and rioting armed with deadly weapons. It is alleged that they attacked the defacto complainant with deadly weapons and attempted to cause
B.A.No.1531 of 2015 -: 2 :- his death. When the friend of the defacto complainant intervened, he was also severally attacked and grievous hurt was caused to him. The petitioner has been in custody for the period from 02.03.2015 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5.
No criminal antecedents have been reported against the petitioner. On going through the contents of the CD, I do not think that continued detention of the petitioner in custody is required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and
B.A.No.1531 of 2015 -: 3 :- subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 27.03.2015 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge