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High Court of KeralaBail Appl./1614/2015allowed

Vipin @ Ambadi v. State Of Kerala

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 1614 of 2015 () ------------------------------- CRIME NO. 126/2015 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT --------------- PETITIONERS/1ST AND 2ND ACCUSED :

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1. VIPIN @ AMBADI, AGED 24 YEARS, S/O.BABUKUTTAN, ALUMOOTTIL THEKKETHIL, KANDALLOOR PUTHIYAVILA, ALAPPUZHA DISTRICT.

2. VIKAS @ VICHU, AGED 22 YEARS, S/O.VISWAN, MOOLAPRAKIZHAKKETHIL KANDALLOOR PUTHIYAVILA, ALAPPUZHA DISTRICT.

BY ADV. SMT.G.VIDYA RESPONDENT/COMPLAINANT :

------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1614 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 and 2 in Crime No.126 of 2015 of Kanakakunnu Police station. They are alleged to have assaulted the victim with soda bottle causing him injuries. They have thus committed the offences under Secs.308 and 324 read with Sec.34 of Indian Penal Code.

3. Heard both sides.

4. The victim sustained only minor injuries. It is not proper for me to make any observations about the inclusion of Sec.308 IPC in the First Information Report. Having regard to the facts of the case, I am inclined to grant the prayer of the petitioners.

In the result, this bail 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

Bail Appl. No.1614 of 2015 2 sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every second Saturday for four months or till the final report is filed whichever is earlier.

4) They shall not destroy or tamper with evidence.

5) They shall not intimidate or attempt to influence the witnesses.

6) They shall not get themselves involved in any other criminal case.

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 / True Copy / NS P.A. To Judge