Vivek 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. 5905 of 2015 () ------------------------------- CRIME NO. 1698/2015 OF PUNALUR POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONER/ACCUSED NO.2 :
-------------------------------------------- VIVEK S/O.VIMALAN, AGED 19 YEARS ALAYIL VEEDU, POREEKAL MANIYAR P.O., PUNALUR, KOLLAM DIST.
BY ADVS.SRI.ANIL K. MOHAMMED SRI.V.S.MANSOOR RESPONDENT/COMPLAINANT :
---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.5905 of 2015 -------------------------------------------- Dated this the 9th day of October 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1698 of 2015 of Punaloor Police station registered for the offences punishable under Secs.143, 147, 148, 452, 323, 324, 427, 294(b) and 506(ii) read with Sec.149 of the Indian Penal Code. The prosecution allegation is that on 31.08.2015 at about 10 p.m., a group of 10 persons came to the house of the defacto complainant and attacked him with iron rod. It is alleged that the 1st accused used the iron rod and the 2nd accused stamped on the abdomen of the defacto complainant.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Considering the nature of allegation and the materials in the case diary, I am not inclined to think that custodial interrogation of the petitioner is necessary in this case. Hence pre arrest bail is granted to the
Bail Appl. No.5905 of 2015 2 petitioner with the following conditions.
1. The petitioner shall surrender before 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 for interrogation as and when directed to do so in writing.
4. The petitioner shall deposit Rs.15,000/-(Rupees fifteen thousand only) before the learned Magistrate having jurisdiction within a period of one week from the date of his release on bail.
5. He shall not intimidate or attempt
Bail Appl. No.5905 of 2015 3 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 / True Copy / NS/09/10/2015 P.A. To Judge