Rajesh.R v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Bail Appl..No. 4702 of 2015 --------------------------------------- CRIME NO.1997 OF 2015 OF CHERTHALA POLICE STATION , ALAPPUZHA DISTRICT ------------------ PETITIONER(S)/ACCUSED NO.1 & 2 :

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1. RAJESH.R, S/O.RAJAPPAN, NARAYANEEYAM, THYCCATTUSSERY P.O., CHERTHALA - 688 528.

2. AJAYAN R, S/O.RAGHAVAN, AJAYA BHAVANAM, PALLIPURAM P.O., CHERTHALA - 688 541.

BY ADVS.SRI.DINNY THOMAS SRI.JAISHANKAR V.NAIR SMT.ROSHNI MANUEL SRI.ALBERT V.JOHN RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REP. 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 10-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4702 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are accused in Crime No.1997 of 2015 of Cherthala Police Station. They are said to have committed the offences under Sections 324, 308 read with Section 34 of the Indian Penal Code. The prosecution case is that they along with the co-accused assaulted the victim with a sword. 3.

Heard.

4.

The victim did not sustain any serious injuries. The co-accused has already been granted bail by this Court. It appears that detention of the petitioners is not necessary for effective investigation.

In the result, this application is allowed.

1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2)They shall surrender their passports 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.

B.A.No. 4702 of 2015 -: 2 :- 3)They shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

4)They shall appear before the Investigating Officer between 10 a.m. and 11 a.m. every alternate Wednesday for two months or till the final report is filed, whichever is earlier.

5)They shall not intimidate or attempt to influence the witnesses.

6)They shall not destroy or tamper with evidence.

7)They shall not get themselves involved in any other criminal case while they are on bail.

If the petitioners surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

This order is not an impediment for the Investigating Officer to effect recovery under Section 27 of the Evidence Act, if it becomes necessary.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge