Shibu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2652 of 2015 ---------------------------------------- CRIME NO. 391/2015 OF IRITTY POLICE STATION, KANNUR ----------------- PETITIONER(S)/ACCUSED :
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1. SHIBU, AGED 42 YEARS, S/O.NANU, INDIRA SADANAM, MUZHAKKUNNU, IRITTY, KANNUR.
2. SHOBY, AGED 32 YEARS, SANDYALAYAM, MUZHAKKUNNU (P.O.), KANNUR.
3. JISHAL, AGED 18 YEARS, S/O.PURUSHOTHAMAN, KELOTH HOUSE, MUZHAKKUNNU (P.O.), KANNUR.
4. MISHAL, AGED 19 YEARS, S/O.PURUSHOTHAMAN, KELOTH HOUSE, MUZHAKKUNNU (P.O.), KANNUR.
5. RAJKIRAN, AGED 20 YEARS, S/O.RAJEEVAN, KELOTH HOUSE, KOOTHUPARAMBA (P.O.), KANNUR.
BY ADVS.SMT.K.DEEPA (PAYYANUR) SRI.V.R.NASAR RESPONDENT(S)/COMPLAINANT :
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1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, KANNUR.
BY PUBLIC PROSECUTOR SRI.JIBU.P.THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J.
------------------------------------------- B.A.No.2652 of 2015 ------------------------------------------- Dated this the 15th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused in Crime No.391 of 2015 of Iritty Police Station registered for the offences under Sections 143,147,148,448,341,323,324,326 r/w 149 IUPC. 3.
They are alleged to have assaulted the victim with a stick and caused fracture of his bones.
4.
Heard.
5.
Learned counsel for the petitioner submits that the police have registered a case against the victim for peeping into the bath room where a woman was taking bath and this false case has been got registered in an attempt to set up a defence in that case. The petitioners are members of a family. The weapon has already been recovered. Detention of the petitioners is not necessary for effective investigation. I am inclined to grant the prayer of the petitioners. In the result, this application is allowed with the following conditions:
i) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) each
B.A.No.2652 of 2015 2 with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. ii) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.
iii) They shall not destroy or tamper with evidence.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. K.ABRAHAM MATHEW JUDGE pm