Shibu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Bail Appl..No. 5571 of 2015 () ------------------------------- CRIME NO. 1201/2015 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONERS/ACCUSED 1 & 2 :

----------------------------------------------

1. SHIBU K., S/O.K.KRISHNAPILLAI, AGED 32 YEARS TC.16/53, KULAMNIKATHIYA VEEDU THYCAUD P.O., THIRUVANANTHAPURAM.

2. BAIJU S., AGED 29 YEARS TC.23/1031, THERUVILA VEEDU, MELARANNOOR KARAMANA P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5571of 2015 -------------------------------------- Dated this the 28th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Accused 2 and 3 in Crime No.1201 of 2015 of Cantonment Police Station registered for offences punishable under Sections 294(b), 341, 323 and 308 read with Section 34 of the Indian Penal Code seek prearrest bail. 3.

Prosecution case is that on 08.08.2015 at 6.30 p.m. the first accused attacked the defacto complainant with a piece of brick and caused injuries.

4.

Heard both sides.

There is no allegation of overtact against the petitioners. Reckoning the facts and circumstances, pre-arrest bail is granted to the petitioners with following conditions:

i.

Petitioners shall surrender before the investigating officer within a period of one week and submit themselves for interrogation. Thereafter each one of them shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, they shall be

BA No.5571/2015 released on bail in Crime No.1201 of 2015 of Cantonment Police Station. ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

Petitioners shall appear before the Investigating Officer as and when directed in writing and co-operate with the investigation in the matter.

iv.

They shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioners as if no order is passed. A. HARIPRASAD, JUDGE.

cks