Devarajan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 Bail Appl..No. 1837 of 2015 (D) ------------------------------- AGAINST THE ORDER IN CRMP 1045/2015 of SESSIONS COURT, ALAPPUZHA CRIME NO. 128/2015 OF THRIKKUNNAPPUZHA POLICE STATION , ALAPPUZHA PETITIONER/ACCUSED:

--------------------------------- DEVARAJAN, AGED 42 YEARS S/O.KARUNAKARAN, MOORTHIPARAMBIL HOUSE, ERIKKAVU MURI KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT.

BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT /COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. P. MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ

BABU MATHEW P. JOSEPH, J.

------------------------------------------ ------------------------------------------ Dated this the 24th day of April, 2015

O R D E R

This petition is filed under section 439 of Cr.P.C. for bail.

2.

Heard the learned counsel appearing for the petitioner and the learned public prosecutor appearing for the respondent. C.D. produced.

3.

The petitioner is accused in crime No. 128 of 2015 of Thrikkunnapuzha Police Station. The offences alleged are under Sections 323, 324 and 306 of IPC. The petitioner was arrested by the Police on 14-2-2015 and produced before the Court. He was remanded to judicial custody. He continues to be in custody. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. The investigation of the case was over and

-2final report was filed. He further submits that the continued custody of the petitioner is not required in this case.

4.

Learned Public Prosecutor submits that investigation was over and final report was filed. She has opposed this petition. She further submits that no criminal antecedents have been reported against the petitioner. On considering the facts and circumstances, stage of the investigation, the period the petitioner has already spent in jail and the fact that no criminal antecedents have been reported against the petitioner, this Court is satisfied that the petitioner can be granted bail imposing appropriate conditions.

5.

Therefore, the petitioner is granted bail subject to the following conditions:

1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent

-3sureties each for the like sum to the satisfaction of the concerned Magistrate's Court.

2) The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Thursdays for a period of two months.

3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

4) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

5) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

6) The petitioner shall not commit any similar offence while on bail.

-47) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court.

This application is allowed as above.

Sd/- BABU MATHEW P. JOSEPH, JUDGE //True Copy// P.A. to Judge jjj