Jolly v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Bail Appl..No. 4080 of 2015 () ------------------------------- CRIME NO. 1066/2015 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT ------------ PETITIONER/ACCUSED:
-------------------------------------- JOLLY, AGED 27 YEARS,S/O.GEORGE, RESIDING AT MOOLLEKUDIYIL HOUSE, PONNEKADU, KEERAMPARA, ERNAKULAM DISTRICT, PINCODE - 686 601. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE/DE FACTO COMPLAINANT:
-------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM, COCHIN - 682 018, REPRESENTEDBY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION (INVESTIGATING OFFICER IN CR.NO.1066/2015 OF KOTHAMANGALAM POLICE STATION). BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4080 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioner is alleged to have committed the offences under Sections 294(b), 323 and 326 of the Indian Penal Code.
3.
The prosecution case is that he uttered obscene words, assaulted the victim and attacked him with a stone causing fracture of the left little finger.
4.
Heard.
5.
The weapon has been recovered. having regard to the nature of the allegations it appears that detention of the petitioner is not necessary for effective investigation. In the result, this application is allowed.
1.
The petitioner shall be released on bail after interrogation on his executing a bond for 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.
He shall appear before the investigating officer
B.A. No.4080 of 2015 for interrogation if he is so required by him in writing. 3.
He shall not get himself involved in any other criminal case while he is on bail.
4.
He shall not intimidate or attempt to influence the witnesses.
5.
He shall not destroy or tamper with evidence. 6.
He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 7.
He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
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 petitioner surrenders 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