Radhakrishnan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 Bail Appl..No. 1677 of 2015 -------------------------------------- CRIME NO. 362/2015 OF PAYYANNUR POLICE STATION , KANNUR ----------------- PETITIONER(S)/ACCUSED:
------------------------------------- RADHAKRISHNAN P.V., AGED 38 YEARS S/O.CHANDRAN NAMBIAR, PALIYERI HOUSE PALIYERI, P.O.KARIVELLUR.
BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR.) SRI.M.M.ANTO SRI.GEORGE MATHEWS RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA STATION HOUSE OFFICER PAYYANNUR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
B.KEMAL PASHA, J.
................................................................ B.A. No. 1677 OF 2015 ............................................................... Dated this the 7th day of April, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.362/2015 of the Payyannur Police Station, Kannur registered for the offences punishable under Sections 324, 308 and 506 of the Indian Penal Code.
3.
The allegation against the petitioner is that on 11.03.2015 at 4.00 p.m., he beat the defacto complainant, who is his father, his mother and his brother, with an iron chain, and also stabbed them with a knife. The petitioner has been in custody for the period from 12.03.2015 onwards.
4.
Heard learned Senior Counsel for the petitioner
B.A.No.1677 of 2015 -: 2 :- and the learned Public Prosecutor. Perused the CD. 5.
The contents of the CD, prima facie, reveal the complicity of the petitioner. At the same time, investigation of this case is practically over. No criminal antecedents have been reported against the petitioner. Having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail, on strict conditions.
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 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 Tuesdays and Fridays commencing from 14.04.2015 for a period of six months.
(ii) Except for observing condition No.(i)
B.A.No.1677 of 2015 -: 3 :- above, the petitioner shall not enter the local limits of the Payyannur Police Station, Kannur for a period of six months from today.
(iii) The petitioner shall not visit the house wherein his father, mother or brother are residing, until further orders.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) 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