Ajesh Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 Bail Appl..No. 3659 of 2015 --------------------------------------- CRIME NO. 580/2015 OF KADAKKAVOOR POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------- PETITIONER(S)/A2 & A3 :

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1. AJESH KUMAR, AGED 31 YEARS, S/O.SASIDHARAN, PANDIVARATHU VEEDU, CHITTATTINKARA DESOM, KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM.

2. SANIL, AGED 41 YEARS, S/O.MANI, SARASWATHI BHAVAN, KOTTIYATHARA, VITHURA DESOM, THOLIKKODU VILLAGE, NOW RESIDING AT KARTHIKA VILLGE, KEEZHATTINGAL DESOM, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM.

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

---------------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE INSPECTOR OF POLICE, KADAKKAVOOR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3659 of 2015 -------------------------------------------- Dated this the 29th day of June 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioners are accused nos.2 and 3 in Crime No.580 of 2015 of Kadakkavoor Police station registered for the offences under Secs.109 and 302 read with Sec.34 of the Indian Penal Code.

3. Heard both sides.

4. Learned counsel submits that the petition is not pressed so far as the 1st petitioner is concerned. The allegation is that on the abetment of the 2nd petitioner, the 1st accused committed murder of her child. The reason is that she had illicit relationship with the petitioners.

5. The 2nd petitioner has been in custody since 14.05.2015. The only allegation against him is that he abetted the offences. His further detention is not necessary for completion of investigation.

In the result, the bail application is allowed.

B.A. No.3659 of 2015 2

1. The 2nd petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with three solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2. He shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Friday for four months, or till the final report is filed, whichever is earlier.

3. He shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

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

5. He shall not destroy or tamper with evidence.

6. He shall not intimidate or attempt to influence the witnesses.

7. He shall not get himself involved in any

B.A. No.3659 of 2015 3 other criminal case.

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 / True Copy / NS P.A. To Judge