Abhilash T.V v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4840 of 2015 () ------------------------------- CRIME NO. 980/2015 OF PARAPPANGADI POLICE STATION,MALAPPURAM DISTRICT --------------------- PETITIONER(S)/ACCUSED :

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1. ABHILASH T.V., AGED 33 YEARS, S/O. BALAN, THAZHATHUVEETIL HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM DISTRICT-673 314.

2. PRABHEESH T.V., AGED 28 YEARS, S/O. VELAYUDHAN, THAZHATHUVEETIL HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM DISTRICT-673 314.

3. VISHNU K.V., AGED 24 YEARS, S/O. PURUSHOTHAMAN, KOTTAYIL VEETTIL HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM DISTRICT-673 314.

4. ANOOP T.V., AGED 31 YEARS, S/O. BALAN, THAZHATHUVEETIL HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM DISTRICT-673 314.

5. PRAJOSH T.V.,AGED 34 YEARS, S/O. VELAYUDHAN, THAZHATHUVEETIL HOUSE, VALLIKKUNNU NORTH P.O., MALAPPURAM DISTRICT-673 314.

BY ADVS.SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SMT.VINEETHA B.

SMT.ANSU COTTAGIRI VARGHESE SRI.K.RAJAGOPAL RESPONDENT(S)/STATE & COMPLAINANT :

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

2. THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4840 of 2015 -------------------------------------------- Dated this the 11th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.980 of 2015 of Parappanangadi Police station registered for the offences under Secs.294(b), 323, 324, 354 and 452 read with Sec.34 of the Indian Penal Code. The prosecution case is that they trespassed into the neighbouring house, assaulted the first informant and two others and outraged the modesty of two women.

3. Heard both sides.

4. It appears that this is essentially an assault case. The weapon has already been recovered. So I am inclined to grant their prayer.

In the result, the bail application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties

B.A. No.4840 of 2015 2 each for the like sum if they are arrested by the Police in connection with this case.

2) The petitioners shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every alternate Wednesdays for four months or till the final report is filed, whichever is earlier.

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

4) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned 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) They shall not intimidate or attempt to influence the witnesses.

7) They shall co-operate with investigation of the case.

B.A. No.4840 of 2015 3 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 petitioners surrender 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