Shijo Paul v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 Bail Appl..No. 5856 of 2015 ------------------------------------- CRIME NO. 1117/2015 OF KORATY POLICE STATION, THRISSUR ------------------ PETITIONER(S)/ACCUSED:

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1. SHIJO PAUL, AGED 34 YEARS, S/O.POULOSE, VELIYATH HOUSE, VELUNGAMURI DESOM, KORATTY KIZHAKKUMURI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

2. EBIN, S/O.ANTU, KAVUNGA HOUSE, AGED 20 YEARS, THIRUMUDIKUNNU DESOM, KORATTY KIZHAKKUMURI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

3. JOMON, AGED 22 YEARS, S/O.OUSEPH, PALASSERY HOSUE, THIRUMUDIKKUNNU DESOM, KORATTTY KIZHAKKUMURI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.P.K.VARGHESE SRI.C.V.SHAJU RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5856 of 2015 -------------------------------------------- Dated this the 9th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioners are accused in Crime No.1177 of 2015 of Koratty Police station registered for the offences punishable under Secs.307, 294(b) and 506(ii) read with Sec.34 of the Indian Penal Code. The incident happened on 03.09.2015 at 8.45 p.m. The prosecution allegation is that there was an illicit relationship between the injured and the wife of the 1st accused. The accused persons came to the house of the defacto complainant to question that and in the melee, the injured sustained injuries at the hands of the accused persons. It is alleged that they used a knife to inflict injuries.

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

4. Learned counsel for the petitioner submitted that the injured person sustained multiple lacerated and incised wounds on the face. The accused remains in

Bail Appl. No.5856 of 2015 2 custody from 05.09.2015.

5. There is no allegation that the petitioners are involved in any other crime of similar nature. Considering the stage of investigation, I am inclined to grant bail to the petitioners 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 Investigating Officer for interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

Bail Appl. No.5856 of 2015 3 iv. The petitioners shall not enter the local limits of Koratty Police station except for appearing before the Court below or the investigating officer concerned for a period of three months.

v. They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

vi. They 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/09/10/2015 P.A. To Judge