Sujeesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl.No. 4613 of 2015 -------------------------------------- CRIME NO. 966/2015 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD ..........

PETITIONER(S)/ACCUSED NO 1:

---------------------------------------------- SUJEESH, AGED 28 YEARS, S/O. VASU., LAKSHMI NIVAS, BEHIND CIVIL STATION, KALLEKKAD, PALAKKAD BY ADV. SRI.T.K.SANDEEP RESPONDENT(S)/COMPLAINANT & STATE:

------------------------------------------------------------- STATE OF KERALA, REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4613 of 2015 -------------------------------------------- Dated this the 20th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.966 of 2015 of Town South Police station, Palakkad. He along with the co-accused is alleged to have committed the offences under Secs.323, 324, 326 and 341 read with Sec.34 of the Indian Penal Code. The prosecution case is that they assaulted the victim with iron rods causing him serious injuries.

3. Heard both sides.

4. There is no allegation that the petitioner used any weapon. He allegedly attacked the victim with hands. For this reason, I am inclined to grant his prayer. In the result, the bail application is allowed.

1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two

B.A. No.4613 of 2015 2 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. every alternate Wednesday for two months 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 within five days of his release.

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 involved in any other criminal case.

6) The petitioner shall not intimidate or

B.A. No.4613 of 2015 3 attempt to influence the witnesses.

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