Sreejith @ Appu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5670 of 2015 () ------------------------------- CRIME NO. 869/2015 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
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PETITIONERS/ACCUSED NOS. 1, 3 AND 4:
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1. SREEJITH @ APPU, S/O. SUDARSANAN PILLAI, AGED 21 YEARS, VATTAKAITHA VEEDU, NEAR CASHEW FACTORY, THANKAKKALLU, PULIYARAKONAM DESOM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. FAIZAL @ FAIZY,S/O. MUHAMMED RASHEED, AGED 22 YEARS, THALAVILA VEEDU, NEAR MARKET, THALAVILA MUKKU, THALAVILA DESOM, KARAVARAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3. NAJAM, S/O. ABDUL KHALAM, AGED 21 YEARS, SHEEJA MANZIL, MANKUZHY, PULIYARAKONAM DESOM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN.
RESPONDENTS/STATE AND COMPLAINANTS:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 041.
3. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 004.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
A. HARIPRASAD, J.
------------------------------ Bail Appl. Nos.5670 of 2015 -------------------------------------------- Dated this the 29th day of September 2015
O R D E R
Bail application filed under Sec.439 of Cr.P.C.
2. Petitioners are accused nos.1, 3 and 4 in Crime No.869 of 2015 of Pallickal Police station registered for the offences punishable under Secs.201, 294(b), 323, 452 and 506(ii) read with Sec.34 of the Indian Penal Code, Secs.3(1)(X)(XI)(XIII) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act 1989 and Sec.11(1) of the Prevention of Cruelty of Animal Act, 1960.
3. The prosecution case is that on 18.08.2015 at about 8.30 p.m., the first accused along with three identifiable persons trespassed into the residential building of CW1, who is a member of Scheduled caste, and caused hurt to him and his daughters. The petitioners also abused the household and killed a pet dog and thereafter its body was put into the well.
Bail Appl. Nos.5670 of 2015 2
4. After hearing the counsel on both sides and finding that the petitioners are in custody from 30.08.2015, bail is granted to the petitioner with the following conditions.
i. The petitioners shall be released on bail on their executing a bond for Rs.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.
ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.
iii. The petitioners shall appear before the trial court on all posting dates without any fail.
iv. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
Bail Appl. Nos.5670 of 2015 3 v. The petitioners shall not involve in any other offence during the period of bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge