Sharon v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.KEMAL PASHA TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 Bail Appl..No.2548 of 2015 ------------------------------------- CRIME NO.455/2015 OF KUNNAMKULAM POLICE STATION,TRISSUR DISTRICT. ..
APPLICANT/ACCUSED NO.1:
------------------------------------------ SHARON,AGED 29 YEARS,S/O.SIVAN, KOTHALATH HOUSE,CHERUTHUTHY DESOM, PAZHANJI VILLAGE,CHERUTHUTHY P.O., THRISSUR DISTRICT.
BY SRI.P.VIJAYA BHANU (SENIOR ADVOCATE.) ADVS.SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
B.KEMAL PASHA, J.
................................................................ B.A. No.2548 of 2015 ............................................................... Dated this the 19th day of May, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the first accused in Crime No.455/2015 of the Kunnamkulam Police Station, Thrissur registered for the offences punishable under Sections 341, 323, 324, 506 (ii) and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 08-03-2015 at about 11 a.m, they attacked the defacto complainant on account of political enmity. It is alleged that the petitioner beat the defacto complainant with an iron pipe, the 2nd accused hit the defacto complainant with a granite stone, and the 3rd accused kicked, stamped and slapped the defacto
B.A.No.2548 of 2015 -: 2 :- complainant.
4.
Heard learned Senior Counsel for the petitioner and the learned Public Prosecutor. Perused the CD. 5.
No criminal antecedents have been reported against the petitioner. It seems that the investigation of this case is practically over. The defacto complainant has not sustained any serious injury on account of the alleged attack by the petitioner. Considering the facts and circumstances of this case, the present stage of investigation, and the fact that no criminal antecedents have been reported against the petitioner, this court is of the view that the petitioner can be enlarged on bail.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
B.A.No.2548 of 2015 -: 3 :- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 26.05.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge