Pratheesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 Bail Appl..No. 5087 of 2015 ------------------------------- CRIME NO. 1143/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM. ..........

PETITIONER(S)/1ST AND 2ND ACCUSED:

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1. PRATHEESH, AGED 29 YEARS, S/O.PRATHAPACHANDRAN, KP NIVAS, POYYAPPALLY, MANCHA PO, NEDUMANGAD.

2. SHANIL, AGED 23 YEARS, S/O.USHA, KIZHAKKEKARA CHARUVILA VEEDU, MANCHA P.O, NEDUMANGAD.

BY ADVS.SRI.A.RAJASIMHAN SRI.K.NIRMALAN RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

-------------------------- Bail Appl. No.5087 of 2015 -------------------------------------------- Dated this the 2nd day of September 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 and 2 in Crime No.1143 of 2015 of Nedumangad Police station. The case was originally registered for offences punishable under Secs.294(b), 323, 324, 326 and 354 of the Indian Penal Code and Sec.27 of the Arms Act. It is seen from the records that, later, a report was filed before the Court below requesting to delete Sec.326 IPC and Sec.27 of the Arms Act. The prosecution case is that, on 26.07.2015 at 5.00 p.m., the petitioners uttered abusive words and picked up a quarrel with the defacto complainant's son. They also attacked the defacto complainant's wife.

2. Heard both sides.

3. Considering the nature of allegations, I find that the following directions can be made in this matter.

1. The petitioners shall surrender

Bail Appl. No.5087 of 2015 2 before the investigating officer within a period of fifteen days and subject themselves for interrogation.

2. In case the petitioners are arrested, they shall be released by the arresting officer on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum before the arresting officer and subject to the following conditions:

a. The petitioners shall appear before the investigating officer as and when directed and submit themselves for interrogation.

b. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

c. The petitioners shall co-operate with investigation of the case.

In case any of the above conditions is violated,

Bail Appl. No.5087 of 2015 3 the learned Magistrate is empowered to cancel the bail in accordance with law.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge