Sebastian @ Prinz v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Bail Appl..No. 4134 of 2015 () ------------------------------- CRIME NO. 933/2015 OF PARAVOOR POLICE STATION, KOLLAM DISTRICT ---------------- PETITIONERS/ACCUSED NOS.1 TO 4 :
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1. SEBASTIAN @ PRINZ, S/O.FRANCIS, AGED 18, VILAYIL VEEDU, NEAR PADINJAREMADANNADA KALAKKODU CHERRY, POOTHAKKULAM VILLAGE.
2. MANULAL @ MANU, AGED 20, S/O.MANI, VALIYAVILA VEEDU, PARAVILA COLONY KALAKKODU CHERRY, POOTHAKKULAM VILLAGE.
3. SAJAN, AGED 19, S/O.SHAJI, PARAVILA VEEDU, PADINJAREMADANNADA KALAKKODE CHERRY, POOTHAKKULAM VILLAGE.
4. LINU, AGED 19, S/O.JOLIMON, NEAR KALAKKODE CASHEW FACTORY KALAKKODE CHERRY, POOTHAKKULAM VILLAGE.
BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT/COMPLAINANT :
---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.933/2015 OF PARAVOOR POLICE STATION KOLLAM DISTRICT.
BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2015, ALONG WITH BA 4238/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2015 C O M M O N O R D E R Petition filed under Section 439 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 143, 144, 147, 294(b), 323, 307 read with section 149 of Indian Penal Code.
3.
The prosecution case is that they along with the co-accused armed with deadly weapons formed themselves into an unlawful assembly, uttered obscene words and assaulted the victim in an attempt to cause his death.
4.
Heard.
5.
The petitioners are aged about 20 years. They have been in custody since 15.06.2015. Their further detention is not necessary for completion of the investigation. So I am inclined to grant the prayer of the petitioners for bail.
In the result, this application is allowed.
1.
The petitioners will be released on bail on their
executing a bond for Rs.50,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum, one of the sureties shall be one of their parents 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 five 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 not enter the local limits of Paravoor police station in Kollam District till the conclusion of the investigation.
5.
They shall surrender their passport 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.
6.
They shall not leave India without the previous permission of the court of enquiry or trial court as the case
may be.
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