Anoop 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. 5122 of 2015 () ------------------------------- CRIME NO. 1064/2015 OF CHATHANNUR POLICE STATION , KOLLAM DISTRICT ------------------- PETITIONER/ACCUSED NO.6 :

---------------------------------------------- ANOOP, AGED 21 YEARS, S/O.PRASAD, PRASAD NIVAS, NEAR ACHUTHANMUKKU, KARAMKODU CHERRY, CHIRAKKARA VILLAGE, KOLLAM DISTRICT(ACCUSED NO.6) BY ADVS.SRI.B.DIPU SACH DEEV SRI.ARUN BABU RESPONDENT(S)/STATE :

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1. THE STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KOTTIYAM, KOTTIYAM POLICE STATION, KOLLAM CITY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, CHATHANNUR POLICE STATION, KOLLAM CITY, CHATHANNUR, SUB DIVISION- 691 572 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:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 5122 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 6th accused in Crime No. 1064 of 2015 of Chathannur Police Station. He is accused of having committed the offences under Sections 143, 147, 148, 294(b), 323, 324, 332, 307 read with Section 149 of the Indian Penal Code. 3.

The prosecution case is that he along with the co-accused formed themselves into an unlawful assembly, uttered obscene words and assaulted the victim with dangerous weapons, in an attempt to cause his murder.

4.

Heard.

5.

The petitioner has been in custody since 26.06.2015. His further detention is not necessary. 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

B.A.No. 5122 of 2015 -: 2 :- the 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 Friday for four months, or till the final report is filed, whichever is earlier.

3)The petitioner 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)The petitioner 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 not enter the local limits of Chathannur Police Station till the conclusion of the investigation, except for complying with the direction in this order. 7)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