Sasidharan Pillai v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD SATURDAY, THE 16TH DAY OF MAY 2015/26TH VAISAKHA, 1937 Bail Appl..No. 5455 of 2015 () ------------------------------- CRIME NO. 1106/2015 OF KILIMANOOR POLICE STATION, THIRUVANANDAPURAM DISTRICT ------------------ PETITIONER/ACCUSED :
--------------------------------- SASIDHARAN PILLAI, AGED 55 YEARS, S/O. BHASKARA PILLAI, PUTHUVALIL PUTHEN VEEDU, MANDAPAMKUNNU, KEEZHPEROOR, VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT :
--------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 16th day of September, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.1106 of 2015 of Kilimanoor Police Station registered for the offences punishable under Sections 341, 294(b), 324 and 308 of the Indian Penal Code.
3.
Prosecution case is that on 28.07.2015 at about 08.30 p.m., the accused due to previous enmity towards the de facto complainant in connection with some property dispute, wrongfully restrained the de facto complainant and abused him. Thereafter, he stabbed the de facto complainant on the abdomen by using a knife. 4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Learned Public Prosecutor produced the discharge certificate of the de facto complainant issued from Medical College Hospital, Trivandrum. It shows that a
deep incised wound sustained by the de facto complainant on stomach, causing injury to hypochondrium, entering into the peritoneum. It is seen that the de facto complainant had sustained very serious injuries. Recovery of material objects have been effected. 6.
Considering the stage of investigation and the fact that the petitioner has no other criminal antecedents, bail is granted to the petitioner 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