Abhijith Saji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 Bail Appl..No. 5880 of 2015 () ------------------------------- CRIME NO. 598/2015 OF POTHANIKAD POLICE STATION,ERNAKULAM DISTRICT ------------------------ PETITIONER/1ST ACCUSED:

------------------------------------------- ABHIJITH SAJI, S/O. SAJI,AGED 19 YEARS, PUTTINAKKUDIYI, KADAVOOR, PANAMKARA, MUVATTUPUZHA.

BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, (S.I. OF POLICE, POTHANIKADU POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5880 of 2015 -------------------------------------------- Dated this the 1st day of October 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.598 of 2015 of Pothanikad Police station registered for the offences punishable under Secs.324, 341, 506(ii) and 308 read with Sec.34 of the Indian Penal Code. The prosecution allegation is that on 05.09.2015 at 9.30 p.m., the defacto complainant was restrained by the first accused and threatened to inflict harm by pointing a knife. The allegation against the petitioner is that he wrongfully restrained and threatened the defacto complainant.

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

4. Having regard to the nature of allegations, I am of the view that pre arrest bail can be granted to the petitioner with the following conditions.

1. The petitioner shall surrender before

Bail Appl. No.5880 of 2015 2 the investigating officer within a period of two weeks and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

3. The petitioner shall appear before the Investigating Officer as and when directed for interrogation.

4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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 NS/01/10/2015