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High Court of KeralaBail Appl./6061/2015allowed

Riyas.K @ Kunhunhu v. Station House Officer

2015-10-05Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Bail Appl..No. 6061 of 2015 -------------------------------------- CRIME NO. 618/2015 OF KUNNAMANGALAM POLICE STATION , KOZHIKODE --------------------- PETITIONER(S)/ACCUSED:

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1. RIYAS.K @ KUNHUNHU, S/O. SAITHALAVI, KAPPALAMKUZHIYIL HOUSE, VAVAD P.O, KODUVALLI, KOZHIKODE.

2. ANAS M.K., S/O. MUHAMMED KOYA, MAILANCHIKKARAMMAL HOUSE, VAVAD P.O, KODUVALLY, KOZHIKODE.

3. SAKKIR P., AGED 25 YEARS, S/O. MOIDU, PARAYKKAL HOUSE, AQUAVILORA P.O.

KODUVALLY, KOZHIKODE.

BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S)/COMPLAINANT STATE:

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1. STATION HOUSE OFFICER, KUNNAMANGALAM POLICE STATION-670001.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6061 of 2015 -------------------------------------- Dated this the 5th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are accused 1, 4 and 2 in Crime No.618 of 2015 of Kunnamangalam Police Station involving offences punishable under Sections 341, 323, 324 and 307 read with Section 34 of the Indian Penal Code.

3.

On 16.06.2015 at 15.45 hours, the defacto complainant and his friend while returning home from college on a motor bike, the accused persons in furtherance of their common intention, attacked them by using stone and iron rod, causing injuries.

4.

Heard both sides.

Petitioners 1 and 2 remain in custody from 11.09.2015 and the third petitioner from 10.09.2015. Investigation has advanced to a considerable extent. Therefore the following order is passed: i.

Petitioners shall be released on bail on each one of them executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate

BA No.6061/2015 having jurisdiction.

ii.

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

iii.

The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

iv.

The petitioners shall not indulge in any offence while on bail.

v.

The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioners, the learned Magistrate is free to cancel bail without referring the matter to this Court A. HARIPRASAD, JUDGE.

cks