K.Y Reji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 Bail Appl..No. 4907 of 2015 ---------------------------------------- CRIME NO.206/2015 OF KUTTAMPUZHA POLICE STATION , ERNAKULAM DISTRICT ------------------- PETITIONER(S)/3RD ACCUSED :

----------------------------------------------- K.Y.REJI, AGED 35 YEARS, S/O.YOHANNAN, RESIDING AT KANIYANKUDIYIL HOUSE, VADATTUPARA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN-686 691. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S)/STATE/COMPLAINANT :

--------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION(INVESTIGATING OFFICER IN CR NO.206/2015 OF KUTTAMPUZHA POLICE STATION). BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4907 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 3rd accused in Crime No.206 of 2015 of Kuttampuzha Police Station. He is accused of having committed the offence under Sections 2, 3 read with Section 25(1-13), Arms Act 1959 read with Section 34 of the Indian Penal Code. 3.

The prosecution case is that he along with the co-accused was found to be in possession of a loaded country made gun, without licence for its possession. 4.

Heard.

5.

The petitioner has been in custody since 11.07.2015. His co-accused have already been released on bail. His further detention is not necessary for completion of the investigation. So, I am inclined to grant the prayer of the petitioner. In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for 1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum

B.A.No. 4907 of 2015 -: 2 :- to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the investigating officer between 10 a.m and 11 a.m. every Wednesday for five month, or till the final report is filed, whichever is earlier.

3)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

4)He shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)He 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