Sreenath v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl..No. 4698 of 2015 -------------------------------------- CRIME NO. 1636/2015 OF KODUNGALLUR POLICE STATION , TRISSUR ---------------------- PETITIONER(S)/ACCUSED 7 TO 10:
--------------------------------------------------
1. SREENATH, S/O.THANKAPPAN AGED 30 YEARS, THANDASSERY HOUSE, EDAMUKKU DESOM METHALA VILLAGE, KODUNGALUR TALUK.
2. SOORAJ, S/O.BABU AGED 24 YEARS, CHALANA HOUSE, KANDAMKULAM DESOM METHALA VILLAGE, KODUNGALLUR TALUK.
3. RANJITH, S/O.RAJAN AGED 24 YEARS, KARINATT HOUSE, KUNNAKULAM DESOM METHALA VILLAGE, KODUNGALLUR TALUK.
4. SHAFEEQUE, S/O.MUHAMMED, AGED 23 YEARS, MATHILAKATHU VEEDU EDAMUKKU, METHALA 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 THE 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 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
==================== B.A.No. 4698 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th 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. They are accused of having committed the offences under Sections 143, 144, 147, 283, 294(b), 324, 153 and 308 read with Section 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.
The co-accused have already been granted bail. The petitioners have been in custody since 25.07.2015. Their further detention is not necessary for the completion of investigation. So, I am inclined to grant their prayer.
In the result, this 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 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 a.m and 11 a.m. every Wednesday for four months, or till the final report is
B.A.No. 4698 of 2015 -: 2 :- filed, whichever is earlier.
3)They shall surrender their passport before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.
4)They shall not leave India without the previous permission of the court of enquiry or trial court, 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)The petitioners shall not intimidate or attempt to influence the witnesses.
7)They 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.
8)They 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.
Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge