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High Court of KeralaBail Appl./3691/2015allowed

Leevan Lal v. Stat Eof Kerala

2015-07-21Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 3691 of 2015 ------------------------------- CRIME NO. 172/2015 OF KADAKKAVOOR POLICE STATION , THIRUVANANTHAPURAM. ......

PETITIONER/A1 AND 6:

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1. LEEVAN LAL, AGED 23 YEARS, S/O.SWANTHANTARA LAL, KALLUKUDI VILAKAM, KAYIKKARA.P.O, KAYIKKARA, THIRUVANANTHAPURAM.

2. ANOOP, S/O.ASOKAN, AGED 28 YEARS, THAYILVEEDU, KAYIKKARA, VARKALA, THIRUVANANTHAPURAM.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT:

---------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.

BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3691 of 2015 -------------------------------------------- Dated this the 21st day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.172 of 2015 of Kadakkavoor Police Station registered for the offences under Secs.143, 147, 148, 149, 294(B) and 506 (ii) of the Indian Penal Code and Sec.27 of the Arms Act. The prosecution case is that they uttered obscene words at a public place, trespassed into the house of the victim, threatened him and committed mischief.

3. Heard both sides.

4. Most of the accused were students of an engineering college. Nobody sustained injuries in the incident. Having regard to these facts, I am inclined to grant the prayer of the petitioners.

In the result, the bail application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for

B.A. No.3691 of 2015 2 the like sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Saturday for three months or till the final report is filed, whichever is earlier.

3) The petitioners shall deposit Rs.10,000/- (Rupees ten thousand only) each in the court of the learned Magistrate concerned within seven days.

4) The petitioners shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.

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

6) The petitioners shall not destroy or

B.A. No.3691 of 2015 3 tamper with evidence nor shall they get themselves involved in any other criminal case.

7) The petitioners shall not intimidate or attempt to influence the witnesses.

8) The petitioners shall co-operate with investigation of the 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.

If the petitioners surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- K. ABRAHAM MATHEW JUDGE / True copy / NS P.A. To Judge