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High Court of KeralaBail Appl./2969/2015allowed

Ashokan V.P. v. State Of Kerala

2015-06-16Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 Bail Appl..No. 2969 of 2015 () ------------------------------- CRIME NO. 163/2015 OF VALAYAM POLICE STATION, KOZHIKODE ------------- PETITIONERS/ACCUSED NOS 1 TO 6 :

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1. ASHOKAN V.P., AGED 46 YEARS, S/O.CHATHU, VADAKKE PARAMBATH HOUSE, CHUZHALI PO VALAYAM (VIA), KOZHIKODE DISTRICT.

2. V. P. NANU, AGED 48 YEARS, S/O.CHATHU, VADAKKE PARAMBATH HOUSE, CHUZHALI PO VALAYAM (VIA), KOZHIKODE DISTRICT.

3. V. P. RAJAN, AGED 59 YEARS, S/O.CHATHU, VADAKKE PARAMBATH HOUSE, CHUZHALI PO VALAYAM (VIA), KOZHIKODE DISTRICT

4. BABU C. AGED 45 YEARS, S/O.KANNAN, CHATHOTH HOUSE, CHUZHALI PO VALAYAM (VIA), KOZHIKODE DISTRICT.

5. M.SURENDRAN, AGED 42 YEARS S/O.KANARAN, PUZHAKKAL PARAMBATH HOUSE, CHUZHALI PO VALAYAM VILLAGE (VIA), KOZHIKODE DISTRICT.

6. K. P. GIREESH, AGED 42 YEARS, S/O.KORAN, KATTIL PARAMBATH HOUSE, PO BHOOMI VATHUKKAL VALAYAM (VIA), KOZHIKODE DISTRICT.

BY ADV. SRI.MILLU DANDAPANI RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICERVALAYAM POLICE STATION,KOZHIKODE DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

==================== B.A.No. 2969 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners have allegedly committed the offences under Sections 143, 147, 148, 341, 323, 326, 308 read with Section 149 of IPC. The prosecution case is that they attacked the victim with an iron pipe, causing him fracture of his bone.

3. Heard.

4. The victim did not sustain any injuries on any of his vital parts. He sustained fracture of the neck of the left fibula. The weapon has already been recovered. So, the Custodial interrogation of the petitioners is not necessary. In the result, this application is allowed.

1)The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2)They shall appear before the Investigating Officer

B.A.No. 2969 of 2015 ::2::

between 10 a.m. to 11a.m. on every Friday for four months or till the final report is filed, whichever is earlier.

3) They shall not destroy or tamper with evidence.

4) They shall not get themselves involved in any other criminal case while they are on bail.

5)They shall not intimidate or attempt to influence the witnesses.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge