Manu R. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 5994 of 2015 () ------------------------------- CRIME NO. 1413/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

......

PETITIONER(S):

-------------------------- MANU R.G., AGED 22 YEARS, S/O.RAJU, THOTTARIKATHU PUTHEN VEEDU, MUNDAKKAL, KARAKULAM VILLAGE, KARAKULAM P.O, NEDUMANGADU TALUK, 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.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5994 of 2015 ------------------------------------------------ Dated this the 7th day of October, 2015.

O R D E R

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

Petitioner is the 3rd accused in Crime No.1413/2015 of Nedumangad Police Station registered for offences punishable under Sections 143, 147, 148, 149, 427, 452, 324 and 308 r/w Section 149 I.P.C.

3.

Prosecution case, in short, is that on 06-09-2015 at about 8.00 p.m., the petitioner along with other accused unlawfully assembled and armed with deadly weapons trespassed into the house of the defacto complainant due to previous enmity. Thereafter, the first and second accused attacked the defacto complainant with an iron rod. The petitioner attacked the defacto complainant with bare hands 4.

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

5.

Learned Public Prosecutor opposed the bail

B.A No.5994 of 2015 2 application contending that custodial interrogation is necessary in this case. Learned counsel for the petitioner submitted that the weapon has already been recovered and no need to have custodial interrogation. Considering the nature of allegation, I find that pre-arrest bail can be granted to the petitioner with following conditions :

1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, the petitioner shall be released on bail on 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.

2.

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

3.

Petitioner shall appear before the Investigating Officer as and when directed.

B.A No.5994 of 2015 3

4. Petitioner shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

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