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High Court of KeralaBail Appl./3284/2015allowed

Anandu v. State Of Kerala

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

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. 3284 of 2015 --------------------------------------- CRIME NO. 805/2015 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT ----------------- PETITIONER(S)/ACCUSED NO.2 :

------------------------------------------------- ANANDU, AGED 20 YEARS, S/O.RAMACHANDRAN, KANDANTAYYAHU VEEDU, VELLACHIRA, KAITHAKKAL MURI, PALLIKKAL VILLAGE.

BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S)/STATE AND COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT- 689 645. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3284 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

The petitioner is the second accused in Crime No.805/2015 of Adoor police station registered for the offences under Sections 457, 379 read with Section 34 of Indian Penal Code.

3.

The prosecution case is that he along with the co-accused committed theft of a motor cycle.

4.

Heard.

5.

The learned counsel submits that the petitioner is aged only 20 years and since he has been in custody since 21.05.2015, he may be granted bail. The only favourable fact is that he is aged 20 years. I think an opportunity may be given to him to mend his ways. So he will be granted bail.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties, one of the sureties shall be

B.A. No.3284 of 2015 one of his parents, each for the like sum to the satisfaction of the learned Magistrate concerned.

2.

He shall appear before the investigating officer between 10.a.m and 11 a.m on every Monday and Thursday for four months or till the final report is filed, whichever is earlier.

3.

He shall not threaten or attempt to influence the witnesses, nor shall he, while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.

He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

If the petitioner violates 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