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High Court of KeralaBail Appl./3000/2015allowed

Manikuttan @ Anilkumar v. State Of Kerala

2015-06-17Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Bail Appl..No. 3000 of 2015 ---------------------------------------- CRIME NO. 673/2015 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------- PETITIONER(S)/A2 :

-------------------------------- MANIKUTTAN @ ANILKUMAR, AGED 40 YEARS, S/O.GOPI, THEKKE VILA VEEDU, NEAR INTERNATIONAL SCHOOL, KORANI, EDAKKODU P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S)/STATE :

---------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, ALONG WITH BA.NO.3141 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd

K. ABRAHAM MATHEW, J.

==================== B.A.Nos. 3000 & 3141 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2015 C O M M O N O R D E R Petition filed under Section 438 Cr.P.C.

2. Petitioners are alleged to have committed the offence under Section 395 of IPC. The prosecution case is that along with the co-accused they went to the shop of the first informant on three motor cycles and bought a pair of shoes but refused to pay the price and took away Rs.6,500/-. They assaulted the first informant on the head with an iron rod and a stone.

3. Heard.

4. The weapon used by the accused is said to be an iron rod and a stone. The wound certificate shows that the first informant sustained a very minor injury on the head. The 1st, 3rd and 5th accused were arrested. According to the prosecution, the first accused took away Rs.6,500/- from the pocket of the first informant. It appears that custodial interrogation of the petitioners is not necessary for effective investigation. In the result, this application is allowed.

1) The Petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only)

B.A.Nos.3000 & 3141 of 2015 ::2::

each 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 for interrogation if they are so required by him in writing. 3)They shall not intimidate or attempt to influence the witnesses.

4)They shall not destroy or tamper with evidence. 5)They shall not attempt to contact or communicate with the victim.

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