Kikku Kuruvila @ Kuruvila John v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Bail Appl..No. 4734 of 2015 () ------------------------------- CRIME NO. 1630/2015 OF KOLLAM EAST POLICE STATION , KOLLAM DISTRICT ------------------ PETITIONERS/ACCUSED NOS. 1,4,5 & 7:

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1. KIKKU KURUVILA @ KURUVILA JOHN, AGED 21 YEARS, S/O JOHN KURUVILA, KOIPPURATHU VEEDU, MUNDAKKAL EAST, UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL EAST VILLAGE.

2. SHAFEEK, AGED 21 YEARS, S/O SHAHUL HAMEED, PADIPPURAKKAL VEEDU, MUNDAKKAL EAST, UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE.

3. AJEESH, AGED 20 YEARS, S/O RAJAPPAN, BHANU VILASAM, PUTHENTHURA, NEENDAKARA MURI, NEENDAKARA MURI, NEENDAKARA VILLAGE.

4. MANEESH MANOHARAN, AGED 19 YEARS, S/O MANOHARAN, ARAYAL VADAKKATHIL VEEDU, MADUVILAKKARA MURI, MAYYANADU VILLAGE.

BY ADV. SRI.NIREESH MATHEW RESPONDNET/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

------------------------- B.A. No.4734 of 2015 -------------------------------------------- Dated this the 6th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioners are accused in Crime No.1630 of of 2015 of Kollam East Police station registered for the offences under Secs.143, 147, 148, 308, 323 and 324 read with Sec.149 of the Indian Penal Code and Sec.27 of the Arms Act. The prosecution case is that armed with deadly weapons like sword the petitioners formed themselves into an unlawful assembly and assaulted the victims.

3. Heard both sides.

4. The victims sustained only minor injuries. The petitioners are students. Only because they are students, I am inclined to grant their prayer. In the result, the bail application is allowed.

1) The petitioners will be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to

B.A. No.4734 of 2015 2 the satisfaction of the learned Magistrate concerned.

2) One of the sureties shall be one of the parents or close relatives of each of the petitioners.

3) The petitioners shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every alternate Saturdays for four months or till the final report is filed, whichever is earlier.

4) They shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.

5) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

6) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

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

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 / True Copy / NS P.A. To Judge