Sajeesh Babu @ Saji v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Bail Appl..No. 4464 of 2015 ---------------------------------------- CRIME NO.395 OF 2015 OF PAYYANNUR POLICE STATION , KANNUR DISTRICT ------------------------ PETITIONER(S)/ACCUSED NOS.4 TO 6 :
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1. SAJEESH BABU @ SAJI, AGED 33 YEARS, S/O.P.V.KANNAN, PADINHARE VEETTIL(H), SURABHI NAGAR, PAYYANNUR AMSOM, KANNUR DISTRICT.
2. SREEJITH.P, AGED 30 YEARS, S/O.KUNHIKRISHNAN, PELASSERY(H), PAYYANNUR THERU, PAYYANNUR AMSOM, KANNUR DISTRICT.
3. RAHULRAJ.P.V, AGED 23 YEARS, S/O.RAJAN, PUTHEN VEEDU(H), PAYYANNUR THERU, PAYYANNUR AMSOM, KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT(S)COMPLAINANT & STATE :
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO.395 OF 2015 OF PAYYANNUR POLICE STATION) KANNUR DISTRICT, PIN-670 001.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
---------------------------- B.A. No.4464 of 2015 -------------------------------------------- Dated this the 7th day of August 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioners are accused in Crime No.395 of 2015 of Payyannur Police station registered for the offences under Secs.143, 147, 148, 307, 323, 324 and 341 read with Sec.149 of the Indian Penal Code. The prosecution case is that they along with the co-accused wrongfully restrained the victim and assaulted him with intent to murder him.
3. Heard both sides.
4. The petitioners have been in custody since 13.07.2015. Their further detention is not necessary for completion of the 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.4464 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 Thursday for three months or till the final report is filed, whichever is earlier.
3) They surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.
4) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
6) They shall not intimidate or attempt to influence the witnesses.
7) They shall co-operate with investigation
B.A. No.4464 of 2015 3 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