Aneesh 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. 2000 of 2015 () ------------------------------------------- CRIME NO. 722/2014 OF HARIPPAD POLICE STATION , ALAPPUZHA PETITIONER(S)/6TH ACCUSED:

-------------------------------------------------- ANEESH AGED 27 YEARS S/O. MANIYAN, PUTHEN NIKATHIL VEETIL KARUVATTA NORTH MURI, KARUVATTA VILLAGE ALAPPUZHA 690517 BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.N.MUHAMMAD SAJU SMT.RESHMA ABDUL RASHEED RESPONDENT(S)/COMPLAINANT:

---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM R BY PUBLIC PROSECUTOR,SMT. V.H. JASMINE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: das

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.

3.

The petitioner is the sixth accused in crime No. 722 of 2014 of Haripad Police Station. The offences alleged are under Sections 143, 144, 147, 148, 149 and 307 of IPC. The petitioner has surrendered before the Police on 29-03-2015. He was arrested 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. No serious overt acts have been alleged against the petitioner. The investigation of the case is

-2almost over. Custodial interrogation of the petitioner was over. Accused 2, 3 and 5 in this case were already released on regular bail. He further submits that the continued custody of the petitioner is not required for completing the investigation.

4.

Learned Public Prosecutor, on instructions, submits that the investigation has progressed much. She submits that the petitioner has criminal antecedents. She admits the fact that accused 2, 3 and 5 in this case were already released on regular bail. On considering the facts and circumstances, stage of the investigation, the period the petitioner has already spent in jail and the fact that accused 2, 3 and 5 were already released on bail, 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:

-31) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties 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.

-46) The petitioner shall not commit any similar offence while on bail.

7) 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