Sineesh A v. Sub Inspector Of Police
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. 1821 of 2015 ------------------------------- CRIME NO. 20/2015 OF MALOOR POLICE STATION, KANNUR DISTRICT. ......
PETITIONER/ACCUSED:
---------------------------------- SINEESH A. , S/O. VALSAN, AGED 30 YEARS, KELOTH HOUSE, KANHILERI P.O., KANNUR DISTRICT.
BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE:
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1. SUB INSPECTOR OF POLICE, MALOOR POLICE STATION.
2. STATE OF KERALA, REP. BY PUBLIC PROSECTOR, 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:
mbr/
B.KEMAL PASHA, J.
................................................................ B.A. No. 1821 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 4th accused in Crime No.20/2015 of the Maloor Police Station, Kannur registered for the offences punishable under Sections 143, 147, 148, 324, 323, 341 and 308 read with Section 149 of the Indian Penal Code.
3.
The allegation against the petitioner and the other accused is that on 15.01.2015 at 9.15 a.m., they formed themselves into an unlawful assembly armed with deadly weapons and attacked the defacto complainant, who belongs to a rival political party. It is alleged that he was beaten up with iron rod. The petitioner has been in custody
B.A.No.1821 of 2015 -: 2 :- for the period from 16.03.2015 onwards.
4.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5.
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 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 three months or till the filing of the final report in this case,
B.A.No.1821 of 2015 -: 3 :- whichever is earlier.
(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