Rajesh Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Bail Appl..No. 4970 of 2015 () ------------------------------- CRIME NO. 972/2015 OF THIRUVALLOM POLICE STATION, THIRUVANANTHAPURAM. ......

PETITIONERS/ACCUSED NO.1 TO 4:

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1. RAJESHKUMAR, AGED 30 YEARS, S/O.GOPALAKRISHNAN NAIR, KADAVINMOOLAMAKAM VEEDU, NEAR GOVT. AYURVEDA HOSPITAL, MUTTAKKADU, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.

2. VAISAKH @ KANNAN, AGED 31 YEARS, S/O.VIJAYAKUMAR, VIJAYAKRISHNA NIVAS, NEAR GOVT. AYURVEDA HOSPITAL, MUTTAKKADU, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.

3. SALIN @ SHALIN, AGED 32 YEARS, S/O.SASIKUMAR, S.S. COTTAGE, MUTTAKKADU, NEAR ARK INSTITUTION, MUTTAKKADU DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.

4. KRISHNAKUMAR, AGED 31 YEARS, S/O.VIJAYAKUMAR, VIJAYAKRISHNA NIVAS, KADAVINMOOLA, NEAR GOVT. AYURVEDA HOSPITAL, MUTTAKKADU, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.V.S.THOSHIN.

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE INSPECTOR OF POLICE, THIRUVALLOM POLICE STATION, THIRUVANANTHAPURAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4970 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused 1 to 4 in Crime No. 972 of 2015 of Thiruvallom Police Station. They are accused of having committed the offences under Sections 294(b), 452, 323, 324, 427 and 308 of the Indian Penal Code.

3.

The prosecution case is that they trespassed into a shop room, committed mischief, uttered obscene words and assaulted the victim with a soda bottle.

4.

Heard.

5.

Petitioners have been in custody since 22.07.2015. Their further detention is not necessary for completion of the investigation. So, I am inclined to grant the prayer of the petitioners.

In the result, this application is allowed.

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

B.A.No. 4970 of 2015 -: 2 :- each for the like sum to the satisfaction of the learned Magistrate concerned.

2)The petitioners shall appear before the investigating officer between 10 a.m and 11 a.m. every alternate Wednesdays for three months, or till the final report is filed, whichever is earlier.

3)They shall surrender their passport 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.

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

5)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

6)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 DST //True copy// P.A. To Judge