Joshy Peter @ Munna v. State Of Kerala

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. 6070 of 2015 () ------------------------------- CRIME NO. 629/2015 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT ---------------- PETITIONERS/APPLICANTS :

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1. JOSHY PETER @ MUNNA, AGED 36 YEARS, S/O. PATHROSE, KUZHIKANDATHIL HOUSE, CHIRAYILKULAM BHAGOM, PONKUTTY KARA, ELANJI VILLAGE-686665.

2. KUTTAPI @ KUTTAPPAN, AGED 49 YEARS, S/O. KANNAN, CHELAMATTAMKUNNEL HOUSE, PERIYAPPURAM KARA, ELANJI VILLAGE-686665.

3. TINS TOMY @ ANOOP, AGED 27 YEARS, S/O. TOMY, ANIMOOTTIL HOUSE, NEAR VINCOSE COMPANY, PONKUTTY KARA, ELANJI VILLAGE-686665.

BY ADV. SRI.SHAJI JOSEPH RESPONDENT/STATE :

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

BY PUBLIC PROSECUTOR SMT. S. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6070 of 2015 -------------------------------------------- Dated this the 5th day of October 2015

O R D E R

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

2. Petitioners are accused nos.1 to 3 in Crime No.629 of 2015 of Koothattukulam Police station registered for the offences punishable under Secs.294(b), 306, 323, 341 and 506(i) read with Sec.34 of the Indian Penal Code. The prosecution case is that on 15.08.2015 at about 1.30 p.m., the accused persons waited in a junction for the arrival of the deceased and when he came on a scooter, he was wrongfully restrained and thereafter beaten up at a public place and, on account of the ignominy, he committed suicide.

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

Considering the fact that the petitioners surrendered before the investigating officer on 31.08.2015 and also the fact that investigation has advanced to a considerable extent, bail is granted to the

Bail Appl. No.6070 of 2015 2 petitioners with the following conditions.

i. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each 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 petitioners shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. on every Monday and Thursday till the final report is filed.

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

v. The petitioners shall not involve in any other offence during the period of bail.

Bail Appl. No.6070 of 2015 3 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/05/10/2015 P.A. To Judge