Ligesh v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 Bail Appl..No. 2193 of 2015 ------------------------------------- CRIME NO. 65/2015 OF KUTTIYADI POLICE STATION , KOZHIKODE ------------------------ PETITIONER/2ND ACCUSED:

---------------------------------------- LIGESH, AGED 28 YEARS, S/O NANU, PERENAMKANDIYIL HOUSE, VATTOLI P.O. VADAKARA TALUK, KOZHIKODE.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT/COMPLAINANT:

-------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUTTIADY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.

BY PUBLIC PROSECUTOR SMT.LISHA M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

SUNIL THOMAS, J.

-------------------------------------------- B.A. No. 2193 of 2015 ----------------------------------------- Dated this the 14th day of July, 2015

O R D E R

The 2nd accused in Crime No. 65/2015 of Kuttiady Police Staition for offences punishable under Sections 341, 294(b), 323, 324, 427 and 308 r/w Section 34 I.P.C is the petitioner herein.

2.

The allegation of the prosecution is that, on 22.01.2015 at about 6 p.m, while the de facto complainant was proceeding in a vehicle, the accused no. 2 intercepted him and caused bodily injuries. On the basis of Crime registered, the police started investigation and the 1st accused was arrested on 11.03.2015. He was thereafter granted bail. The 2nd accused seeks pre arrest bail.

3.

Heard and examined the records.

4.

The allegation against the accused is that they fisted and hit on the body of the de facto complainant. No

B.A. No. 2193 of 2015 weapon is seen used. Though, very serious offences are alleged against them, apparently serious and grievous injuries are not seen caused. Considering these facts, I do not feel that a custodial interrogation of the petitioner herein is warranted at this length of time.

Hence, I am inclined to grant bail to the petitioner, subject to the following conditions:

1.The Petitioner shall appear before the Investigating Officer on 23.07.2015 and undergo interrogation. After interrogation, he shall be released on bail on he executing a bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each.

2.He shall not in any manner, threaten, coerce or intimidate of the witnesses and shall not interfere with investigation process.

Sd/- SUNIL THOMAS JUDGE/ TRUE CO ww