John @ Sunil v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 3217 of 2015 () ------------------------------- CRIME NO. 289/2015 OF KAZHAKUTTAM POLICE STATION. .......
PETITIONERS/1 TO 5 ACCUSED:
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1. JOHN @ SUNIL, AGED 25 YEARS, S/O.EARNEST, KANALPURAMBOKE VEEDU, NEAR KINFRA PARK, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM.
2. ANI, AGED 25 YEARS, S/O.YOHANNAN, PUTHUVAL, PURAYIDAM VEEDU, NEAR KINFRA PARK, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM.
3. IGNATIOUS @ SHIJU, AGED 24 YEARS, S/O.JOHNSON PUTHUVAL, PURAYIDAM VEEDU, NEAR KINFRA PARK, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM.
4. AJI, AGED 24 YEARS, S/O.THANKACHAN, PURAYIDAM VEEDU, NEAR KINFRA PARK, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM.
5. BINOY @ CHINNU, AGED 28 YEARS, S/O. JOY, PURAYIDAM VEEDU, NEAR KINFRA PARK, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN PANICKER.
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION.
BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
The petitioners have allegedly committed the offences under Sections 143, 147, 148, 307, 324, 427 read with Section 149 of Indian Penal Code and Section 3 and 5 of Explosive Substance Act.
3.
The prosecution case is that on account of previous enmity on 30.03.2015 they formed themselves in an unlawful assembly and hurled a bomb at the first informant.
4.
Heard.
5.
The petitioners have been in custody since 08.04.2015. The investigation is almost complete. Their further detention is not necessary for completion of the investigation.
In the result, this application is allowed.
1.
The petitioners will be released on bail on his
executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.
They shall appear before the investigating officer between 10 a.m and 11 a.m on every Friday for four months, or till the final report is filed, whichever is earlier. 3.
They shall not threaten or attempt to influence the witnesses, nor shall they, while on bail, get themselves involved in any criminal case; nor shall they destroy or attempt to destroy the evidence or interfere with the investigation.
4.
They shall not enter the territorial jurisdiction of Kazhakuttam police station except for complying with the directions in this order until the final report is filed. 5.
They shall surrender their passport before the lower court concerned of if they do not have one, they shall file an affidavit to that effect within five days of their release. 5.
They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
If the petitioners violate any of the above conditions, the
court of enquiry/trial is empowered to cancel the bail in accordance with the law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge