Vinesh 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. 2111 of 2015 (D) ----------------------------------- CRIME NO. 335/2015 OF POOCHAKKAL POLICE STATION , ALAPPUZHA --------- PETITIONERS/ACCUSED 1, 3 & 6 TO 8:
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1. VINESH, AGED 27 YEARS S/O.CHANDRAMOHAN, KOOCHAMVEEDU HOUSE PERUMPALAM WARD 12, PERUMPALAM VILLAGE.
2. JACKSON, AGED 18 YEARS S/O.JAMES, PANEKKEL HOUSE PERUMPALAM WARD 12, PERUMPALAM VILLAGE.
3. AKHIL, AGED 22 YEARS S/O.SUPPRAN, MANGODATH COLONY, PERUMPALAM WARD 12 PERUMPALAM VILLAGE.
4. VISHNU, AGED 17 YEARS S/O.SURENDRAN, VISHNU NIVAS, PERUMPALAM WARD 12 PERUMPALAM VILLAGE.
5. AJITH, AGED 23 YEARS S/O.PURUSHOTHAMAN, AJITH BHAVAN, PERUMPALAM WARD 12 PERUMPALAM VILLAGE.
BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT/STATE:
------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE POOCHAKKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
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:
BABU MATHEW P. JOSEPH, J.
------------------------------------------------ ------------------------------------------------ Dated this the 24th day of April, 2015
ORDER
This petition is filed under Section 438 of Cr. P.C. for anticipatory bail.
2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondent.
3. The petitioners are accused 1, 3 and 6 to 8 in Crime No.335 of 2015 of Poochackal Police Station. The offences alleged are under Sections 143, 147, 148, 341, 323, 324, 294(b) and 308 read with Section 149 of IPC. Learned counsel for the petitioners submits that the petitioners are innocent of the allegations raised against them. They have no criminal antecedents. The investigation of the case is almost over. The accused 2 and 5 were already granted regular bail by this Court as per order dated 06-04-2015 on B.A. No.1829 of 2015. He further submits that the petitioners apprehend arrest by the police at any time.
4. Learned Public Prosecutor, on instructions, submits that the investigation of the case is almost over. She further submits
-2that no criminal antecedents have been reported against the petitioners. On considering the facts and circumstances, stage of the investigation and the facts that no criminal antecedents have been reported against the petitioners and the accused 2 and 5 were already granted regular bail, this Court is satisfied that the petitioners can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioners are granted anticipatory bail subject to the following conditions:- 1)The petitioners shall surrender before the Investigating Officer on or before 02-05-2015. In the event of their arrest, they shall be released on bail on their executing bonds for 25,000/- (Rupees twentyfive thousand only) ₹ each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
2)The petitioners 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.
3)The petitioners shall make themselves available for interrogation as and when required by the Investigating
-3Officer.
4)The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.
5)The petitioners shall not commit any similar offence while on bail.
6)The petitioners shall not leave India without the previous permission of the concerned Magistrate's Court. This petition is allowed as above.
Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE