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High Court of KeralaBail Appl./4197/2015allowed

Vinod Kumar v. State

2015-08-06Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Bail Appl..No. 4197 of 2015 () ------------------------------- CRIME NO. 637/2013 OF ADOOR POLICE STATION, PATHANAMTITTA DISTRICT ------------------ PETITIONER/ACCUSED :

--------------------------------- VINOD KUMAR, AGED 29 YEARS, S/O.VIJAYA KUMAR, VIJAYA BHAVAN, MULLASSERY, EZHAMKULAM, ADOOR, PATHANAMTHITTA.

BY ADVS.SRI.M.T.SURESHKUMAR SRI.S.SANAL KUMAR SMT.SMITHA PHILIPOSE SMT.BHAVANA VELAYUDHAN RESPONDENT/COMPLAINANT :

------------------------------------------ STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4197 of 2015 -------------------------------------------- Dated this the 6th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.637 of 2013 of Adoor Police station registered for the offences under Secs.294(b), 307 and 324 of the Indian Penal Code. The prosecution case is that he assaulted the victim with a sword causing him an injury on his head.

3. Heard both sides.

4. The petitioner has been in custody since 06.07.2015. There has been much progress in the investigation. His further detention is not necessary. So I am inclined to grant the prayer of the petitioner. In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate

B.A. No.4197 of 2015 2 concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Friday for three months or till the final report is filed, whichever is earlier.

3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

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

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

7) The petitioner shall co-operate with

B.A. No.4197 of 2015 3 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.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge