Roy @ Devan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl..No. 4399 of 2015 ------------------------------------- CRIME NO. 714/2015 OF VALLIKUNNAM POLICE STATION , ALAPPUZHA ------------------- PETITIONER(S)/8TH ACCUSED:

-------------------------------------------- ROY @ DEVAN, AGED 18 YEARS, S/O.VIMALAN, BHARGAVI NILAYAM, KATTACHIRA MURI, BHARANICKAVU, ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S)/COMPLAINANTS:

------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4399 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner along with the co-accused is alleged to have committed the offence under Section 143, 147, 148, 365, 342, 427, 294(b), 323, 324, 307, read with Section 149 of Indian Penal Code.

3.

The prosecution case is that the accused tied the victim to a tree and assaulted him with a helmet, iron rod, wooden sticks and hands.

4.

Heard.

5.

There is no allegation that any of the accused used any sharp edged weapon. Moreover the allegation against the petitioner is that he assaulted the victim with hands only. he has been in custody since 08.07.2015. His further detention is not necessary for competition of the investigation.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like

B.A. No. 4399 of 2015 sum to the satisfaction of the learned Magistrate concerned.

2.

He shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

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. 5.

He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

If the petitioner violates 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