Samjith v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937H Bail Appl..No. 5396 of 2015 () ------------------------------- CRIME NO. 1090/2015 OF PARAPPANANGADI POLICE STATION. .....

PETITIONER/ACCUSED:

----------------------------------- SAMJITH, AGED 25 YEARS, POOVATHUMTHODI HOUSE, CHETTIPPADI POST, MALAPPURAM DISTRICT.

BY ADV. SRI.P.K.MOHAMED JAMEEL.

RESPONDENTS/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

2. SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, PARAPPANANGADI P.O., MALAPPURAM DISTRICT-672 101.

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD,J.

================== B.A.No.5396 of 2015 =================== Dated this the 22nd day of September, 2015

O R D E R

Application for bail under Section 439 of Cr.p.C. 2.

The petitioner is involved in Crime No.1090/2015 of Parappanangadi Police Station.

3. The prosecution case is that, on 15-08-2015 at about 1.15 A.M. The accused was found transporting river sand in lorry at a place called the Chettippadi without any documents. When the Police party intercepted the lorry, the accused with intention to cause the death of the Assistant Sub Inspector of Police, took forward the lorry in high speed he caused damaged to the Police Jeep. Thereby his involved in offences under Section 308, 379 of the Indian Penal Code , Section 20,23 of the Kerala Protection of River Bank Act, Section 3(1) of PDPP Act r/w 179 of the Motor Vehicle Act.

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

B.A.No.5396 of 2015 -:2:-

5. The petitioner was arrested on 15-08-2015, he is not involved in any other offences, submitted the counsel for the petitioner.

6. After hearing both sides, bail is granted to the petitioner with the following conditions:

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

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

iii. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 A.M until final report is filed.

iv. The petitioner shall not indulge in any offence while on bail.

v. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

7. He shall deposit Rs.10,000/- (Rupees Ten Thousand Only) within a period of two weeks from the date of release before the Magistrate having

B.A.No.5396 of 2015 -:3:- jurisdiction.

If any of the above conditions is breached by the petitioner, the leaned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD JUDGE AVS