Vinod v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 5962 of 2015 ------------------------------- CRIME NO. 616/2015 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER(S)/ACCUSED 1 TO 6:

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1. VINOD, S/O.PRABHAKARAN, AGED 23, SOUMY BHAVAN, MYLADUMPARA, KACHANI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

2. SHAMEEM, S/O.AMEER, AGED 22, VALIYAKONATHU PUTHEN VEEDU, KACHANI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

3. VIPIN, S/O.RAJAN, AGED 22, RAJESH BHAVAN, MYLADUMPARA, AYANIKKADU, THIRUVANANTHAPURAM DISTRICT.

4. KUMAR, S/O.VENU, AGED 23, KUMAR BHAVAN, KALLAMPOTTA, KACHANI, KARAKULAM, THIRUVANANTHAPURAM DISTRICT.

5. RAJESH, S/O.JOSE, AGED 24, REJITHA BHAVAN, KALLAMPOTTA, KACHANI, KARAKULAM, THIRUVANANTHAPURAM DISTRICT.

6. AJAYAN, S/O.SURENDRAN, AGED 23, AYANIKKADU NIRAPPIL VEEDU, MYLADUMPARA, KACHANI, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.

2. SUB INSPECTOR OF POLICE, ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5962 of 2015 ------------------------------------------------ Dated this the 8th day of October, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioners are accused Nos.1 to 6 in Crime No.616 of 2015 of Aruvikkara Police Station registered for offences punishable under Sections 143, 147, 148, 149, 294(b), 452, 323, 324, 506(ii) and 427 I.P.C.

3.

Prosecution case, in short, is that on 23-08-2015 at about 7.15 p.m., the petitioners due to previous hostility, trespassed into the residential house of the defacto complainant with deadly weapons in their possession and attacked them causing injuries. The petitioners caused destruction of the household articles worth Rs.5,000/-.

4.

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

5.

I am of the view that the petitioner is entitled to plead for pre-arrest bail under Section 438 of the Code of

B.A No.5962 of 2015 2 Criminal Procedure. Hence, following directions are made :

1. Petitioners shall surrender before the investigating officer within a period of one week from today and submit themselves for interrogation. In that event, the petitioners shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2.

The sureties shall produce documents to establish their identity and solvency.

3.

Petitioners shall deposit Rs.1,000/- each (Rupees one thousand only) before the learned Magistrate having jurisdiction within a period of one week from the date on which they are released on bail.

4. Petitioners shall appear before the Investigating Officer as and when directed.

5. Petitioners shall not influence or intimidate witnesses.

If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail. Sd/- A.HARIPRASAD, JUDGE.

//True copy// amk P.A to Judge