Gireesh T.R. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 Bail Appl..No. 4805 of 2015 () ------------------------------- CRIME NO. 591/2015 OF ANTHIKAD POLICE STATION, TRISSUR DISTRICT ---------------------- PETITIONERS/ACCUSED NO.1 TO 3:
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1. GIREESH T.R. AGED 39 YEARS, S/O.RAMANKUTTY, THAIVALAPPIL HOUSE, MANALUR P.O., THRISSUR.
2. ROHAN K.P., AGED 24 YEARS, S/O.PRAKASAN, KOCHATHU HOUSE, MANALUR P.O., THRISSUR.
3. MIDHUN A.U., AGED 29 YEARS, S/O.UNNIKRISHNAN, ADIYARA HOUSE, MANALUR P.O., THRISSUR.
BY ADVS.SRI.N.K.UNNIKRISHNAN SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.N.U.HARIKRISHNA SRI.V.VINAY RESPONDENTS/STATE :
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031 (CRIME NO.591/2015 OF ANTHIKKAD POLICE STATION THRISSUR DISTRICT)
2. STATION HOUSE OFFICER, ANTHIKKAD POLICE STATION THRI SSUR DISTRICT- 680 641 (CRIME NO.591/2015 OF ANTHIKKAD POLICE STATION THRISSUR DISTRICT) R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
==================== B.A.No. 4805 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused 1to 3 in Crime No. 591 of 2015 of Anthikkad Police Station which was originally registered for the offence under Sections 341, 323, 324, 452 read with Section 34 of the Indian Penal Code. After investigation, Section 326 was added.
3.
The allegation is that they trespassed into an auditorium where a function was going on and assaulted the victim with the removable stand of a table.
4.
Heard.
5.
The serious injury alleged to have been sustained by the victim is dislocation of the left shoulder joint. No sharp edged weapon was used. Having regard to these facts, I am inclined to grant the prayer of the petitioners.
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
B.A.No. 4805 of 2015 -: 2 :- 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.
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 for interrogation if they are so required by him in writing.
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.
Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge