Jaison v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 Bail Appl..No. 6104 of 2015 () ------------------------------- CRIME NO. 812/2015 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DIST. ......

PETITIONER/ACCUSED NO.2:

------------------------------------------- JAISON, AGED 21 YEARS, S/O. ROY, KALARICKAL VELI, KARUKAYIL WARD, ALAPPUZHA DISTRICT.

BY ADV. SRI.P.PRAMEL.

RESPONDENTS & STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.812/2015 OF ALAPPUZHA NORTH POLICE STATION).

2. STATION HOUSE OFFICER, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DISTRICT-685 584.

(CRIME NO.812/2015 OF ALAPPUZHA NORTH POLICE STATION). BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6104 of 2015 -------------------------------------------- Dated this the 9th day of October 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 2nd accused in Crime No.812 of 2015 of Alappuzha North Police station registered for the offences punishable under Secs.143, 147, 148, 323, 324, 326, 308 and 342 of the Indian Penal Code. Prosecution case is that on 14.06.2015, the petitioner along with other accused as members of an unlawful assembly attacked the defacto complainant and attempted to commit culpable homicide.

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

4. Learned counsel for the petitioner submitted that the 1st accused was enlarged on bail by this Court as per order in B.A. No.4601 of 2015.

There is no allegation that the petitioner used any weapon to cause injury on the defacto complainant. Considering the facts and circumstances of the case, pre

Bail Appl. No.6104 of 2015 2 arrest bail is granted to the petitioner with the following conditions.

1. The petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released on his 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.

3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

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

In case of violation of any of the above

Bail Appl. No.6104 of 2015 3 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/09/10/2015 P.A. To Judge