Manoj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Bail Appl..No. 4033 of 2015 () ------------------------------- CRIME NO. 673/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT ---------------- PETITIONER/2ND ACCUSED:

---------------------------------------------- MANOJ, AGED 38 YEARS, S/O.MANIYAN PILLAI, RESIDING AT AKKOTTUVILA VEEDU, KORANI, KIZHIVILAM VILLAGE, CHIRAYINKEEZHE TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT :

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

BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4033 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.673 of 2015 of Attingal Police Station registered for the offence under Sec.395 of the Indian Penal Code. According to the prosecution, he along with the co-accused went to the shop of the first informant riding three motor cycles and bought a pair of shoes but refused to pay its price. Moreover, they took away Rs.6,500/- and assaulted the first informant on the head with iron rod and stone.

3. Heard both sides.

4. A perusal of the wound certificate of the first informant shows that the first informant sustained a very minor injury on the head. The co-accused have already been arrested. It appears that custodial interrogation of the petitioner is not necessary for effective investigation. In the result, the bail application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for

B.A. No.4033 of 2015 2 Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) The petitioner shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

4) The petitioner shall not intimidate or attempt to influence the witnesses.

5) The petitioner 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 NS