Sri. Seldon v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5427 of 2015 --------------------------------------- CRIME NO. 2131/2015 OF THRISSUR TOWN POLICE STATION .........
PETITIONER(S)/ACCUSED NO.3:
---------------------------------------------- SRI. SELDON, AGED 22 YEARS, S/O.SRI.DICKSON, RESIDING AT THARAYILKURUMKKULAM HOUSE, KALATHODE, OLLUKKARAR P.O., THRISSUR DISTRICT.
BY ADVS.SRI.A.J.VARGHESE SRI.JOSE. V.V.
RESPONDENT(S)/COMPLAINANT:
------------------------------------------------ STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. FOR STATION HOUSE OFFICER, THRISSUR TOWN POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
B. SUDHEENDRA KUMAR, J.
------------------------------ Bail Appl. No.5427 of 2015 -------------------------------------------- Dated this the 25th day of September 2015
O R D E R
Petition filed under Sec.439 Cr.P.C.
2. The petitioner is the 3rd accused in Crime No.2131 of 2015 of Thrissur Town Police station registered under Sec.399 of the Indian Penal Code and Sec.27 of the Arms Act.
3. The prosecution case is that on 15.08.2015 at 10.25 p.m., the petitioner along with the other accused trespassed into the poultry farm of the defacto complainant and created a deadful situation there by wielding swords and steel pipes. The petitioner was arrested from the spot and ever since he has been in custody.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has opposed the bail application. However, it has been submitted by the learned Public Prosecutor that the petitioner is not
Bail Appl. No.5427 of 2015 2 involved in any other offence. The petitioner and the other accused did not cause any damage to the said poultry farm.
6. It appears from the case diary that the investigation as regards the petitioner is almost complete. Considering the facts and circumstances of the case including the period of detention of the petitioner and also taking into consideration of the fact that the petitioner is a first time offender, I am inclined to grant bail to the petitioner.
In the result, the bail application stands allowed and the petitioner shall be released on bail on his executing a bond for Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-I, Thrissur and subject to the following conditions.
1. The petitioner shall report before the investigating officer for interrogation on every Monday between 9.00 a.m. and 11.00 a.m. for
Bail Appl. No.5427 of 2015 3 a period of three months.
2. The petitioner shall not get involved in other offence during the pendency of this case.
3. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
Sd/- B. SUDHEENDRA KUMAR JUDGE / True Copy / NS P.A. To Judge