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High Court of KeralaBail Appl./5977/2015allowed

Akhil @ Sunil v. State Of Kerala

2015-10-08Honourable Mr. Justice A.Hariprasad4 pages

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. 5977 of 2015 ------------------------------------------ CRIME NO. 1413 OF 2015 OF NEDUMANGAD POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------ PETITIONER(S) :

------------------------- AKHIL @ SUNIL, AGED 21 YEARS, S/O.SUKUMARAN NAIR, THADATHARIKATHU VEEDU, KANNANIKONAM, EANIKKARA, KARAKULAM VILLAGE, KARAKULAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN- 695 564. BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT(S) :

---------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

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

Msd.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5977 of 2015 -------------------------------------------- Dated this the 8th day of October 2015

O R D E R

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

2. Petitioner is the accused in Crime No.1413 of 2015 of Nedumangadu Police station registered for the offences punishable under Secs.143, 147, 148, 427, 452, 324 and 308 read with Sec.149 of the Indian Penal Code. The prosecution allegation is that on 06.09.2015 at about 8.00 p.m., the petitioner along with the other accused formed themselves into an unlawful assembly and trespassed into the house of the defacto complainant due to enmity and attacked him by using iron rod and other weapons. The defacto complainant sustained grave injuries. That apart, destruction has been committed in the house.

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

4. The petitioner has been in custody from 18.09.2015 and the investigation has advanced to a

Bail Appl. No.5977 of 2015 2 considerable extent. Therefore, I am inclined to grant bail to the petitioner with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) 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 petitioner 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.

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

v. The petitioner shall not involve in

Bail Appl. No.5977 of 2015 3 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/08/10/2015 P.A. To Judge