Nikhil N. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Bail Appl..No. 3820 of 2015 -------------------------------------- CRIME NO. 165/2015 OF KANNAVAM POLICE STATION , KANNUR --------------------- PETITIONERS/ACCUSED NO.8 & 9:

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1. NIKHIL N., AGED 21 YEARS, S/O.SHAYLAJA, THAIKANDY HOUSE, SIVAJI NAGAR, KANNAVAM AMSOM, KANNUR DISTRICT.

2. RANJAY RAMESH, AGED 20 YEARS, S/O.RAMESHAN, PAREMMAL HOUSE, SIVAJI NAGAR, KANNAVAM AMSOM, KANNUR DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT & STATE:

---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.165/2015 OF KANNAVAM POLICE STATION , KANNUR DISTRICT).

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are the accused Nos.8 and 9 in Crime No.165 of 2015 of Kannavam Police Station, Kannur District. They are accused of having committed the offences under Sections 143, 147, 148, 341, 302 and Section 120 (B) read with Section 149 IPC and Section 3 & 5 of Explosives Substances Act and Section 18 and 15(i) (a) read with Section 16 of Unlawful Activities (Prevention) Act.

3.

The prosecution case is that along with the coaccused they entered into a conspiracy to commit murder of a victim and pursuant to it armed with deadly weapons they assaulted him causing his death. They allegedly hurled bomb also at the victim.

4.

Heard.

5.

The petitioners have been in custody since 17.03.2015. Final report has so far not been filed. They

are entitled to be released on bail.

In the result, this application is allowed.

1.

The petitioners will be released on bail on their executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with three solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

They shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for six months, or till the final report is filed, whichever is earlier. 3.

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

They shall surrender their passports before the lower court concerned of if they do not have one, they shall file an affidavit to that effect within five days of their release. 5.

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

6.

They shall not enter the local limits of Kannavam Police Station till the conclusion of the investigation except for

complying with the direction in this order.

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 R.AV //True Copy// PA to Judge