Vaisakh P.M v. State Rep. By Station House Officer

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. 4235 of 2015 () ------------------------------- CRIME NO. 494/2015 OF KATTOOR POLICE STATION, THRISSUR DISTRICT. .....

PETITIONERS/ACCUSED 1 TO 4:

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1. VAISAKH P.M., S/O.MURUKAN, AGED 28 YEARS, PARIYADATH HOUSE, DEAKULAM, MANAVALASSERI VILLAGE, THRISSUR DISTRICT.

2. BIPIN @ VIVEK, S/O.BABU, AGED 28 YEARS, VATTAPARAMBIL HOUSE, WEST KOMBARA, MANAVALASSERI VILLAGE, THRISSUR DISTRICT.

3. SALEESH @ CHAKKAPPAN, S/O.SUNNY, AGED 27 YEARS, PAYYAPPIL HOUSE, OOLAKADU, IRINJALAKUDA, THRISSUR DISTRICT.

4. SYAMRAG, S/O.MUKUNDAN, AGED 31 YEARS, CHAKKAMCHATH HOUSE, SOLVENT ROAD, IRINJALAKUDA, THRISSUR DISTRICT.

BY ADV. SRI.T.PRASAD.

RESPONDENT/COMPLAINANT & STATE:

---------------------------------------------------------- STATE, REP. BY THE STATION HOUSE OFFICER, KATTOOR POLICE STATION, THRISSUR DISTRICT, THROUGH THE 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:

rs.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4235 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioners are accused in Crime No.494 of 2015 of Kattoor Police Station registered for the offences under Secs.308, 323, 324 and 341 read with Sec.34 of the Indian Penal Code. The prosecution case is that owing to political enmity, the petitioners assaulted the victims with hands and sticks causing them some injuries.

3. Heard both sides.

4. The petitioners have been in custody since 23.06.2015. No sharp edged weapon was used in the attack. Their further detention is not necessary for completion of investigation. So I am inclined to grant their prayer.

In the result, the bail application is allowed.

1. The petitioners will be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two

B.A. No.4235 of 2015 2 solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2. The petitioners shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every Wednesday for four months or till the final report is filed, whichever is earlier.

3. The petitioners shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.

4. The petitioners 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 petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

B.A. No.4235 of 2015 3

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

7. The petitioners 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.

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