Chittu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 Bail Appl..No. 3949 of 2015 () ------------------------------- CRIME NO. 392/2015 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
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PETITIONERS/ACCUSED 1 TO 3:
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1. CHITTU, AGED 23 YEARS, S/O.DEVASYA, PULLUVILAKATHU VEEDU, MUTHIYAVILA, KATTAKADA, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. MAHESH, AGED 24 YEARS, S/O.MANI , PULLUVILAKATHU VEEDU, MUTHIYAVILA, KATTAKADA, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3. LIJI SASI @ LIJIN RAJ, AGED 28 YEARS, S/O.SASI, LEENA BHAVAN, MUTHIYAVILA, KATTAKADA, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.P.ANOOP (MULAVANA), SRI.S.VINODKUMAR (VANCHIYOOR).
RESPONDENT:
---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.REMA. R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K.ABRAHAM MATHEW, J ----------------------------------- --------------------------------- Dated this the 13th day of July, 2015
O R D E R
------------ Petition filed under Section 438 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 294(b) and 332 of the Indian Penal Code.
3.
The prosecution case is that under the influence of the alcohol the petitioners were found making commotion near a temple. When the victim Sub Inspector asked them to leave the place, they abused him and pelted stones at him causing injuries on his right knee. 4.
Heard.
5.
The wound certificate shows that the victim sustained injury on the right knee. He had the opportunity to identify the petitioners, who were under the influence of alcohol. But the nature of the case does not demand their custodial interrogation. So I am inclined to grant the prayer of the petitioners for anticipatory bail.
In the result, this application is allowed.
1.
The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like sum each if they are arrested by the police in connection with this case.
2.
They shall appear before the investigating officer everyday for seven days between 10 a.m to 11 a.m. Thereafter they shall appear before him every alternate Wednesday for three months between 10 a.m to 11 a.m or till the final report is filed, whichever is earlier. 4.
They shall not get themselves involved in any other criminal case while they are on bail.
5.
They shall not intimidate or attempt to influence the witnesses.
6.
They shall not destroy or tamper with the evidence.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with 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 R.AV //True Copy// PA to Judge