Jos v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5861 of 2015 () ------------------------------- CRIME NO. 1612/2015 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT -------------------- PETITIONER/ACCUSED NO.1 TO 4 :

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1. JOS, AGED 46 YEARS, S/O. VARGHESE, CHATHURUTHIYIL HOUSE, KEERAMPARA KARA, KEERAMPARA VILLAGE,

2. JOMY, AGED 18 YEARS, S/O. JOSE, CHATHURUTHIYIL HOUSE, KEERAMPARA KARA, KEERAMPARA VILLAGE.

3. JISMON, AGED 19 YEARS, S/O. JOSE, CHATHURUTHIYIL HOUSE, KEERAMPARA KARA, KEERAMPARA VILLAGE.

4. BASIL ALIAS ELDHOSE, AGED 21 YEARS, S/O. JOSE, CHATHURUTHIYIL HOUSE, KEERAMPARA KARA, KEERAMPARA VILLAGE.

BY ADV. SRI.P.M.HABEEB RESPONDENT :

--------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KOTHAMANGALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

------------------------------------------------ B.A.No.5861 of 2015 ------------------------------------------------- Dated this the 25th day of September, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioners are accused in Crime No.1612 of 2015 of Kothamangalam Police Station registered under Sections 143, 147, 148, 452, 341, 308, 323 and 294(b) r/w Section 149 of the Indian Penal Code.

3.

The petitioners were arrested on 15.09.2015 and ever since they have been in custody.

4.

Heard.

5.

It has been submitted by the learned Public Prosecutor that the petitioners are not involved in any other offence of similar nature. The weapon has been already recovered. Investigation has been advanced much.

6.

Considering the facts and circumstances of the case, including the fact that the petitioners are the first time offenders, I am inclined to grant bail to the

B.A.No.5861 of 2015 petitioners.

In the result, this application stands allowed and the petitioners shall be enlarged on bail on each of them executing a bond for `30,000/- (Rupees thirty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-I, Kothamangalam and subject to the following further conditions:

(a) The petitioners shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(b) The petitioners shall report before the Investigating Officer as and when required for interrogation.

(c) The petitioners shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge