Anikuttan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Bail Appl..No. 5570 of 2015 ------------------------------- CRIME NO. 727/2015 OF PANGODE POLICE STATION. ..............

PETITIONER(S)/ACCUSED:

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1. ANIKUTTAN, AGED 27 YEARS, S/O.DAMODARAN, RENJUVILASAM VEEDU, CHETTIYEKONNAKAYAM, MYLAMOODU, ARYANADU VILLAGE, THIRUVANANTHAPURAM.

2. ANILKUMAR, AGED 38 YEARS, S/O.THANKAPPAN KANI, ANJITHA BHAVAN, CHETTIYEKONNAKAYAM, MYLAMOODU, ARYANADU VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 17th day of September, 2015

O R D E R

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

2.

Petitioners are the accused Nos.1 and 2 in Crime No.727 of 2015 of Pangode Police Station registered for the offences punishable under Section 304 r/w Section 34 of the Indian Penal Code.

3.

Prosecution case is that on 10.08.2015, the accused persons entangled in a fight. Deceased, the mother-in-law of the accused persons, tried to pacify them. She was pushed violently which caused a fall sustaining head injury.

4.

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

5.

Learned counsel for the petitioners submitted that no weapon was used.

6.

Learned Public Prosecutor submitted that the post-mortem report revealed that the deceased died due

to head injury.

7.

Considering the nature of allegations and the stage of investigation, I am inclined to grant bail to the petitioners with the following conditions:

(a) The petitioners shall be released on bail on their executing a bond for `50,000/- (Rupees fifty thousand only) each with two solvent sureties each 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 petitioners 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 petitioners shall not intimidate or attempt to influence the witnesses.

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

(f) Petitioners 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