Podiyan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Bail Appl.No. 5366 of 2015 --------------------------------------- CRIME NO. 1476/2015 OF PANDALAM POLICE STATION, PATHANAMTITTA .........

PETITIONER(S)/1ST ACCUSED:

-------------------------------------------- PODIYAN, AGED 52 YEARS, S/O.KOCHURAMAN, AKHIL BHAVANAM, MUKKODY, KURAMBALA VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.KRISHNA PRASAD. S SRI.NOBEL RAJU RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I OF POLICE, PANDALAM POLICE STATION - 682 031.

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 9th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the first accused in Crime No.1476 of 2015 of Pandalam Police Station registered for the offences punishable under Sections 323, 324 and 307 r/w Section 34 of the Indian Penal Code.

3.

Prosecution case is that on 24.10.2014 at 06.30 p.m., while the de facto complainant and others were removing the clogging of water at a culvert, accused 1 to 3 in furtherance of their common intention attacked the de facto complainant with a big knife and caused serious injuries. He intended to kill the de facto complainant. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that the petitioner was arrested on 22.07.2015. 6.

Learned Public Prosecutor submitted that major

part of the investigation has been completed. 7.

Considering the nature of allegations and the gravity of offence, the accused is released on bail with the following conditions:

(a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(d) The petitioner shall not intimidate or attempt

to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) Petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge