Vishnu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 Bail Appl.No. 4568 of 2015 ------------------------------------ CRIME NO. 1636/2015 OF KODUNGALLUR POLICE STATION, THRISSUR ...........
PETITIONER(S)/ACCUSED 1 TO 5:
-------------------------------------------------
1. VISHNU, AGED 20 YEARS, S/O.MURALEEDHARAN, CHALLIYIL HOUSE, KUNNAMKULAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK.
2. AKHIL, AGED 26 YEARS, S/O.PRAKASAN, MURUKKUMTHARA HOUSE, METHALAPADAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK.
3. VISHNU, AGED 19 YEARS, S/O.PRASAD, MATTAPPILLY HOUSE, KANDAMKULAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK.
4. SHINE, AGED 19 YEARS, S/O.ABDUL JABBAR, VENAD HOUSE, KUNNAMKULAM DESOM, METHALA VILLAGE, KUNNAMKULAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK.
5. SALEESH, AGED 35 YEARS, S/O.MOHANAN, PAZHAMPULLI HOUSE, NEAR KVHS NORTH, ERIYAD VILLAGE, KODUNGALLUR TALUK.
BY ADVS.SRI.P.M.ABDUL JALEEL (KODUNGALLUR) SRI.T.V.SHAJI SRI.V.A.AJMAL RESPONDENT(S)/COMPLAINANT:
------------------------------------------------ STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
---------------------------- B.A. No.4568 of 2015 ----------------------------------------- Dated this the 3rd day of August 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioners are accused in Crime No.1636 of 2015 of Kodungallur Police station registered for the offences under Secs.143, 144, 147, 153, 283, 294(b), 308 and 324 read with Sec.149 of the Indian Penal Code. The prosecution case is that they formed themselves into an unlawful assembly, assaulted the victims with dangerous weapons and pelted stones at a temple.
3. Heard both sides.
4. Learned Public Prosecutor submits that they are involved in other offences also and if they are released on bail, strict conditions may be imposed.
5. The petitioners have been in custody since 04.07.2015. Their further detention is not necessary for the completion of investigation. So I am inclined to grant their prayer.
In the result, the bail application is allowed.
B.A. No.4568 of 2015 2
1) The petitioners will be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two 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 not enter the local limits of Kodungallur Police station till the conclusion of the investigation except for complying with the directions in this order or with the previous permission of the learned Magistrate concerned.
4) The petitioners shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to
B.A. No.4568 of 2015 3 that effect.
5) 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.
6) The petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
7) The petitioners shall not intimidate or attempt to influence the witnesses.
8) 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.
K. ABRAHAM MATHEW JUDGE NS