Vivek K.V. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Bail Appl..No. 6116 of 2015 -------------------------------------- CRIME NO. 798/2015 OF HOSDURG POLICE STATION, KASARGOD ----------------- PETITIONERS/ACCUSED NO.1 & 3:

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1. VIVEK K.V., AGED 25 YEARS, S/O.CHANDRAN @ CHANDRAN, 'AVANTHIKA'

VIVEKANANDA NAGAR, POYYAKKARA ROAD, KOLAVAYAL P O, AJANUR VIA, KASARAGOD DISTRICT.

2. K. LAKSHAMANAN, AGED 46 YEARS, S/O.KARYAMBU, KOGUVAYAL HOUSE, KOLAVAYAL P O, AJANUR VIA, KASARAGOD DISTRICT.

BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT/COMPLAINANT & STATE:

---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6116 of 2015 -------------------------------------------- Dated this the 26th day of October 2015

O R D E R

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

2. Petitioners are accused nos.1 and 3 in Crime No.798 of 2015 of Hosdurg Police station registered for the offences punishable under Secs.143, 147, 148, 294(b), 324 and 307 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 30.08.2015 at about 5.30 hours, the accused, as members of an unlawful assembly, armed with deadly weapons, attacked their political opponents by causing extensive injury to them. The petitioners were arrested on 14.09.2015.

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

4. Learned counsel for the petitioners submitted that this is a group clash in which, the members in the accused gang also sustained injury. This Court considered the bail applications of those persons as per orders in B.A. Nos.5549 and 6120 of 2015.

Bail Appl. No.6116 of 2015 2 Considering the stage of investigation, bail is granted to the 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 produce documents to establish their identity and solvency. The Learned Magistrate need not insist of solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii. The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m.

until the final report is filed.

iv. The petitioners shall not intimidate or attempt to influence the witnesses.

Bail Appl. No.6116 of 2015 3 v. The petitioners shall not in any manner interfere or meddle with the investigation.

vi. 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/- A. HARIPRASAD JUDGE / True Copy / NS/26/10/2015 P.A. To Judge