Antony @ Unni v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 Bail Appl..No. 2133 of 2015 () ------------------------------- CRIME NO. 160/2015 OF CHERANELLOOR POLICE STATION, ERNAKULAM ------------------------- PETITIONER/ACCUSED :
------------------------------------- ANTONY ALIAS UNNI, AGED 45 YEARS S/O.SANDHAYAVU, PULLIKKUTHAYIL HOUSE, ARTHUNGAL P.O., CHERTHALA, ALAPPUZHA.
BY ADV. SRI.JOSHI N.THOMAS RESPONDENT/STATE :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE CHERANELLOOR POLICE STATION, CHERANELLOOR, PIN- 682 034.
R1 & R2 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
BABU MATHEW P. JOSEPH, J.
----------------------------------------- B.A.No. 2133 of 2015 ---------------------------------------------- Dated this the 21st day of April, 2015
ORDER
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 accused in crime No.160 of 2015 of Cheranellur Police Station. The offences alleged are under Sections 366, 417 and 506(1) of the Indian Penal Code and under Section 118(d) of the Kerala Police Act, 2011. The petitioner was arrested on 8.3.2015 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 is almost over. 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 of the case has progressed much. 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. 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 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 Mondays 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.
7) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court.
This application is allowed as above.
BABU MATHEW P. JOSEPH, JUDGE.
DG