Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 4981 of 2015 ---------------------------------------- CRIME NO.584/2007 OF FORT POLICE STATION, THIRUVANANTHAPURAM DISTRICT, NOW PENDING AS CBCID CRIME NO. 712/CR/HHW/TVM/2012, THIRUVANANTHAPURAM ------------------ PETITIONER(S)/A9 & A10 :

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1. RAJESH, AGED 37 YEARS, S/O.RAGHAVAN NAIR, CLRA-88, T.C.42/121(4), CHEPPIL LANE, NEAR KILIKKODE, SREEVARAHAM WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

2. SATHEESH KUMAR, AGED 37 YEARS, S/O.MANIYAN, NALPPARA VEEDU, T.C.36/1663, NEAR SREEVARAHAM MARKET, PERUNTHANNI WARD, PETTAH VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S)/STATE :

--------------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE DETECTIVE INSPECTOR, CRIME BRANCH CBCID, HHW-1, THIRUVANANTHAPURAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4981 of 2015 -------------------------------------------- Dated this the 20th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioners are accused in Crime No.584 of 2007 of Fort Police station, Thiruvananthapuram registered for the offences under Secs.120B, 143, 147, 148, 302 read with Sec.149 of the Indian Penal Code.

3. Heard both sides.

4. The petitioners have been in custody since 11.07.2015. It is submitted that their further detention is not necessary for completion of investigation. So I am inclined to grant their prayer.

In the result, the bail 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.

B.A. No.4981 of 2015 2

2) They shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every Wednesday for three months or till the final report is filed, whichever is earlier.

3) They shall not leave Thiruvananthapuram District till the conclusion of the trial except with the previous permission of the court concerned.

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

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

6) They shall not destroy or tamper with evidence nor shall they get themselves

B.A. No.4981 of 2015 3 involved in any other criminal case.

6) They shall not intimidate or attempt to influence the witnesses.

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 / True Copy / NS P.A. To Judge