Wilson v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 5730 of 2015 () ------------------------------- CRIME NO. 929/2015 OF KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM --------------- PETITIONER/3RD ACCUSED :
------------------------------------------ WILSON @ VINCENT AGED 28 YEARS, S/O. EDISON, MEMA BHAVAN, KYLATHUKONAM KURAKKADA DESOM, VEILOOR VILLAGE THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT/COMPLAINANT :
---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.5730 of 2015 -------------------------------------------- Dated this the 7th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the 3rd accused in Crime No.929 of 2013 of Kazhakoottam Police station registered for the offences punishable under Sec.307 read with Sec.34 of the Indian Penal Code and Secs.3 and 5 of the Explosive Substances Act. The prosecution allegation is that on 29.09.2013 at about 1.30 p.m., while the defacto complainant was travelling on the pillion of a motorcycle, the accused persons attacked them and the petitioner hurled country bomb against the defacto complainant causing injury on the back side. The petitioner remains in custody from 16.07.2015 onwards.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application. It is submitted that the petitioner is involved
Bail Appl. No.5730 of 2015 2 in another case registered under the Narcotic Drugs and Psychotropic Substance Act.
5. Learned counsel for the petitioner submitted that he was in possession of 8 grms of ganja is the prosecution allegation in that case.
Considering the stage of investigation and the period of custody, bail is granted to the petitioner with the following conditions.
i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) 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 petitioner shall appear before the Investigating Officer for
Bail Appl. No.5730 of 2015 3 interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.
iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
v. The petitioner 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/07/10/2015 P.A. To Judge