Lekshmanan v. The 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. 4913 of 2015 -------------------------------------- CRIME NO. 571/2015 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM ........

PETITIONER(S)/ACCUSED A1 & A2:

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1. LEKSHMANAN, AGED 58 YEARS, S/O.PONNUMUTHU NADAR, ROADARIKATHU VEEDU, KALLIMOODU VELLARADA DESO, VELLARADA VILLAGE.

2. RAJENDRAN, AGED 30 YEARS, S/O.LEKSHMANAN, ROADARIKATHU VEEDU, KALLIMOODU VELLARADA DESO, VELLARADA VILLAGE. BY ADVS.SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SMT.M.BINDUDAS RESPONDENT(S):

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

BY PUBLIC PROSECUTORN SRI.C.RASHID THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C 2.

Petitioners are the accused in Crime No.571 of 2015 of Vellarada Police Station. They are said to have committed the offences under Sections 341, 324, 307, 302 of Indian Penal Code.

3.

The prosecution case is that on account of previous enmity the petitioners who are father and son assaulted the victim with dangerous weapons causing his death.

4.

Heard.

5.

The petitioners and the victim are close relatives. There was a dispute between them over a pathway. It was this dispute that led to the incident in which the deceased lost his life. The petitioners have been in custody since 16.06.2015. The investigation is almost complete. Their further detention is not necessary for competition of the investigation.

In the result, this application is allowed.

1) The petitioners will be released on bail on their executing a bond for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) They shall appear before the C.I. of Police between 10.00 a.m and 11.00 a.m every Wednesday for four months.

3) They shall surrender their passport before the lower court concerned or if they do not have the one, file an affidavit 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 not enter the local limits of Vellarada Police Station for three months.

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 R.AV //True Copy// PA to Judge