Prabhu Dev v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 Bail Appl..No. 1814 of 2015 ------------------------------- CRIME NO. 303/2015 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER/ACCUSED NO.2:

------------------------------------------ PRABHU DEV, AGED 23 YEARS, S/O. MANI, SINDHU BHAVAN, PULIVILAKAM, VADAYIL, VAKKOM VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT & STATE:

---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO. 303/2015 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT).

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

................................................................ B.A. No.1814 of 2015 ............................................................... Dated this the 31st day of March, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No.303/2015 of the Kadakkavoor Police Station, Thiruvananthapuram registered for the offences punishable under Sections 143, 147, 148, 324, 341, 294(b), 326 and 308 read with Section 149 of the Indian Penal Code. 3.

The allegation against the petitioner and the other accused is that on 13.03.2015 at 8.30 p.m., they formed themselves into an unlawful assembly armed with deadly weapons and attacked the defacto complainant with a chopper thereby causing grievous hurt and also by attempting to commit culpable homicide. The petitioner has

B.A.No.1814 of 2015 -: 2 :- been in custody for the period from 19.03.2015 onwards. 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.

5.

A counter case has also been registered regarding the incident. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, 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.1814 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 Tuesdays and Fridays commencing from 07.04.2015 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