Mammen Joy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 4230 of 2015 () ------------------------------- CRIME NO. 691/2015 OF ENATHU POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT.

......

PETITIONER/ACCUSED:

----------------------------------- MAMMAN JOY, AGED 52 YEARS, S/O.MAMMAN, KALEEKKALETHU, VAYALA ENATHUHU P.O., PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.K.SETHUKUMAR.

RESPONDENT(S):

------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.691 OF 2015 OF ENATHU POLICE STATION). BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4230 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21th 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) and 326 of Indian Penal Code.

3.

The prosecution case is that he assaulted the victim with a stone causing injuries near his left ear. 4.

Heard.

5.

The learned counsel submits that the victim sustained injuries in a fall and the allegation of the petitioner assaulting him is false. It appears that the assault was not a pre-mediated one. So I am inclined to grant the prayer of the petitioner.

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

B.A. No.4230 of 2015 in connection with this case.

2.

He shall appear before the investigating officer between 10 a.m to 11 a.m every Thursdays for four months or till the final report is filed whichever is earlier. 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 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 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