Vinoj 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. 5089 of 2015 () ------------------------------- CRIME NO. 833/2015 OF CHIRAYINKEEZHU POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------- PETITIONER/2ND ACCUSED :

--------------------------------------------- VINOJ, AGED 33 YEARS, S/O. BHUVANACHANDRAN, CHARUVILA VEEDU, SASTHA NAGAR, SASTHAVATTOM DESOM, AZHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT :

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

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:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 5089 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No. 833 of 2015 of Chirayinkeezhu Police Station. He is accused of having committed the offences under Sections 143, 147, 148, 308, 323, 324 and 364 read with Section 149 of the Indian Penal Code. 3.

The prosecution case is that he along with the co-accused abducted and assaulted the victim with knives and sticks causing him serious injuries.

4.

Heard.

5.

The petitioner has been in custody since 30.07.2015. There has been much progress in the investigation. His further detention is not necessary for effective 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 Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the

B.A.No. 5089 of 2015 -: 2 :- like sum 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 three months, 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