Johnly v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Bail Appl..No. 3631 of 2015 () ------------------------------- CRIME NO. 640/2015 OF VIYYUR POLICE STATION, TRISSUR DISTRICT ----------------- PETITIONERS/ACCUSED NO.1 TO 7 :

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1. JOHNLY, AGED 26 YEARS, S/O.DEVASSY, THEKKEKKARA HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

2. WILLIAMS, AGED 28 YEARS, S/O.BABY, AKKARAPATTY HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

3. VINEETH, AGED 24 YEARS, S/O.RAJAN, YJATTUPARAMBIL HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

4. KIRAN, AGED 30 YEARS,S/O.GOPI, PURENDEKKATTIL HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

5. SHIJU, AGED 30 YEARS, S/O.BALAN, ATTEPARAMBIL HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

6. DIVYARAJ, AGED 36 YEARS, S/O.PADMANABHAN, KOBEESSAN HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

7. DILEEP, AGED 20 YEARS, S/O.BHAKSARAN, PULIKKAL HOUSE, VIYYUR VILLAGE, PADUKKAD DESOM, THRISSUR TALUK.

BY ADV. SRI.C.P.UDAYABHANU RESPONDENT :

-------------------- STATE OF KERALA REPRESENTED BY THE SI OF POLICE,VIYYUR POLICE STATION (CRIME NO.640/15) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

==================== B.A.No. 3631 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

The petitioners are alleged to have committed the offences under Sections 143, 147, 148, 149, 326 & 308 of IPC. The prosecution case is that armed with deadly weapons like iron pipes and knives, they assaulted the victim causing them serious injuries.

3.

Heard.

4.

The petitioners have been in custody since 13.05.2015. Recovery has already been effected. 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 their executing a bond for Rs.25,000/- (Rupees twenty five thousand only)each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2)The petitioners shall appear before the Investigating Officer between 10 a.m and 11 a.m. on every Wednesday for three months, or till the final report is

B.A.No. 3631 of 2015 ::2::

filed, whichever is earlier.

3)The petitioners shall surrender their passports before the lower concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

4)The petitioners shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

5)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

6)They shall not enter the territorial limits of the Viyyur Police Station during the period of investigation, except for complying with the conditions in this order or with the permission of the court concerned. 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 DST //True copy// P.A. To Judge