Akshaya Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Bail Appl..No. 3383 of 2015 () ------------------------------- CRIME NO. 345/2015 OF GURUVAYOOR POLICE STATION , TRISSUR PETITIONER/ACCUSED A1::

-------------------------------------------------- AKSHYA KUMAR, AGED 19 YEARS S/O.KRISHNANKUTTY, KORAPPATH HOUSE, THIRUVILAMALA MURI NOW RESIDING AT DEVASWAM QUARTERS, ROOM NO.B 77 PUTHENPALLI, GURUVAYOOR, THRISSUR DISTRICT BY ADV. SRI.V.K.SATHYANATHAN RESPONDENT/COMPLAINANT:

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

R BY PUBLIC PROSECUTOR SMT. LISHA.M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

= = = == = = = = = = = = = = = = = = B.A. No. 3383 of 2015 = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent. C.D. Produced.

3. The petitioner is the first accused in Crime No. 345 of 2015 of Guruvayur Police Station. The offences alleged are under Sections 341, 323, 324, 326 and 506(i) read with Section 34 of IPC. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He is aged only 19 years. He has no

criminal antecedents. He also submits that no serious allegations have been raised against the petitioner. The investigation of the case is almost over. The custodial interrogation of the petitioner is not required. He further submits that the petitioner apprehends arrest by the police at any time.

4. The learned Public Prosecutor has opposed this petition. The Case Diary shows that the investigation of the case has progressed much. The learned Public Prosecutor submits that no criminal antecedents have been reported against the petitioner. On considering the facts and circumstances, stage of the investigation, age of the petitioner and the fact that no serious allegations have been raised against the petitioner, this Court is of the view that the petitioner can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:

1) The petitioner shall surrender before the Investigating Officer on or before 01.07.2015. In the event of his arrest, he shall be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

3) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

4) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

5) The petitioner shall not commit any similar offence while on bail.

6) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court.

This application is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge