Binu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl.No. 4515 of 2015 ------------------------------------- CRIME NO. 245/2015 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM .......

PETITIONER(S)/ACCUSED:

-------------------------------------- BINU, AGED 30, PUTHANPURACKAL HOUSE, THALIPPARA, MAMALAKANDAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4515 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.245 of 2015 of Kuttampuzha police station, Ernakulam district. The petitioner is alleged to have committed the offences under Sections 294(b) and 308 of the Indian Penal Code. 3.

The prosecution case is that he assaulted the victim with a chopper causing serious injuries on his head. 4.

Heard.

5.

The petitioner has been in custody since 30.06.2015. The investigation is almost complete. His further detention is not necessary.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer

B.A. No.4515 of 2015 between 11 a.m and 12 noon every Wednesday for four months, or till the final report is filed, whichever is earlier. 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