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High Court of KeralaBail Appl./6086/2015allowed

Anoop C.P. v. State Of Kerala

2015-10-204 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 Bail Appl..No. 6086 of 2015 ------------------------------------- CRIME NO. 855/2015 OF MANANTHAVADY POLICE STATION, WAYANAD ------------------ APPLICANTS/ACCUSED 1 TO 6:

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1. ANOOP C.P., AGED 26 YEARS, S/O. CHANDRAN NAIR, ODUPPIN CHIRAKKAL HOUSE, VIMALA NAGAR P.O., THAVINHAL, WAYANAD DISTRICT.

2. JOSEPH M.A. @ ATTOCHI, AGED 28 YEARS, S/O. APPACHAN, MOLEKUNNEL HOUSE, THAVINHAL, WAYANAD DISTRICT.

3. BINOY A.E., AGED 35 YEARS, S/O. ERANIMOSE, AKKATHOTTIYIL HOUSE, THAVINHAL, WAYANAD DISTRICT.

4. SHINTO JOSE @ JINTOPPAN, AGED 24 YEARS, S/O. JOSE, MOLEKUNNEL HOUSE, THAVINHAL, WAYANAD DISTRICT.

5. JIBEESH K.DEVASSIYA @ G.K., AGED 29 YEARS, S/O. DEVASSIYA, KURUPPAMPARAMBIL HOUSE, THAVINHAL, WAYANAD DISTRICT.

6. ABHILASH @ SHINOJ, AGED 32 YEARS, S/O. LATE SOMASHEKHARAN NAIR, MAVUNGAL HOUSE, THAVINHAL, WAYANAD DISTRICT.

BY ADVS.SRI.KRISHNA PRASAD. S SRI.NOBEL RAJU RESPONDENT(S)/COMPLAINANT/STATE :

----------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE STATION HOUSE OFFICER, MANANTHAVADY POLICE STATION, PIN-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

ANIL.K.NARENDRAN, J.

---------------------------------------------- ----------------------------------------------- Dated this the 20th day of October, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are the accused Nos.1 to 6 in Crime No.855 of 2015 of Mananthavady Police Station registered for the offences punishable under Sections 143, 147, 447, 452, 341, 323 and 506(i) r/w Section 149 of the Indian Penal Code.

3.

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

4.

The case of the prosecution is that on 22.09.2015 at about 08.00 p.m., the petitioners along with 19 other accused persons attacked the defacto complainant and his brother on the courtyard of their house thereby committed the above said offences. 5.

Considering the nature of allegations and stage of investigation, I am inclined to grant anticipatory bail to the petitioners with the following conditions:

(a) Petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on their executing a bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c) The petitioners shall co-operate with the investigation of the case.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner interfere or meddle with the investigation.

(f) The petitioners shall not, during the period

of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- ANIL.K.NARENDRAN, JUDGE.

AS /True Copy/ P.A. to Judge