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High Court of KeralaBail Appl./1564/2015allowed

Nithesh K. v. The Sub Inspector Of Police, Manjeshwar Police Station

2015-03-273 pages

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. 1564 of 2015 --------------------------------------- CRIME NO.107/2015 OF MANJESHWAR POLICE STATION, KASARGOD DISTRICT ------------------ PETITIONER(S)/ACCUSED :

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1. NITHESH K., AGED 21 YEARS, S/O.NARAYANA SHETTY, NEAR MAHALINGESHWARA TEMPLE, KUNJATHOOR, MANJESHWAR, KASARAGOD.

2. RAJESH, AGED 22 YEARS, S/O.NARAYANA KULAL, CHAKRA THIRTHA, KUNJATHOOR P.O, MANJESHWAR, KASARAGOD.

3. SUDEEEP KUMAR, AGED 23 YEARS, S/O.SURESH, BALAKA HOUSE, KUNJATHOOR P.O, MANJESHWAR, KASARAGOD.

BY ADVS.SRI.K.PRAVEEN KUMAR SMT.ANN SUSAN GEORGE RESPONDENT(S)/COMPLAINANT/STATE :

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1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD- 671 323.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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.1564 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

The petitioners are accused in crime No.107/2015 of Manjeshwar Police Station, which was registered for the offences under Sections 143, 147, 148, 341, 323, 324 and 308 r/w. 149 IPC. The allegation is that they attacked the victims with sticks causing injuries to them. 2.

Heard.

3.

The weapons used by the petitioners are wooden sticks only. The victims sustained only minor injuries. So I am inclined to grant the 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 each for the like sum if they are arrested by the police in connection

B.A. No.1564 of 2015 -2with this case.

2) They shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m on every 1st and 3rd Saturdays for 3 months or till the final report is filed, whichever is earlier.

This order is not applicable if the petitioners choose 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/