Lokanathan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Bail Appl..No. 4416 of 2015 () ------------------------------- CRIME NO. 745/2015 OF KODAKARA POLICE STATION, THRISSUR. ......

PETITIONERS/ACCUSED PERSON:

---------------------------------------------------- LOKANATHAN, AGED 35 YEARS, S/O, ANTONY, VADAKKEPEEDIKA HOUSE, MANAKULANGARA, PULIPPARAKKUNNU DESOM, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.N.L.BITTO.

STATE OF KERALA/COMPLAINANT:

---------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4416 of 2015 -------------------------------------------- Dated this the 29th day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.745 of 2015 of Kodakara 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 the accused assaulted the victim with stones causing him injuries.

3. Heard both sides.

4. According to the prosecution, it was the 1st accused who assaulted the victim with stone. There is no allegation that the petitioner who is the 2nd accused used any weapon. The 1st accused has already been arrested and released on bail.

5. Having regard to these facts, I am inclined to grant the prayer of the petitioner.

In the result, the bail application is allowed.

1. The petitioner shall be released on bail

B.A. No.4416 of 2015 2 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 in connection with this case.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on 1st and 2nd Saturdays of August and September 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

B.A. No.4416 of 2015 3 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 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.

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 / True Copy / NS P.A. To Judge