Manoj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 Bail Appl..No. 6160 of 2015 () ------------------------------- CRIME NO. 843/2015 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONER/3RD ACCUSED:

--------------------------------------------- MANOJ, S/O.GIREESAN, SREESAILAM, NEAR PANCHAYAT STADIUM, OOROOPOIKA, MUDAKKAL VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT:

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

BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 12th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the 3rd accused in Crime No.843 of 2015 of Mangalapuram Police Station registered for the offences punishable under Sections 449, 324, 302 and 201 r/w Section 34 of the Indian Penal Code. 3.

Prosecution case is that the first and second accused and also the deceased were working in a catering unit. They were on inimical terms. Accused 1 and 2 with the common intention to murder the deceased trespassed into his house and stabbed him with a knife. The petitioner attempted cause of disappearance of evidence is the prosecution case.

4.

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

5.

Leaned Public Prosecutor submitted that the petitioner was responsible for shielding the accused by

causing disappearance of evidence.

6.

Leaned counsel for the petitioner submitted that he only took the accused who sustained some injuries to hospital without knowing about the crime. The accused remains in custody from 20.08.2015.

7.

Considering the nature of allegations and the stage of investigation, bail granted to the petitioner with the following conditions:

(a) The petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner 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.

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

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

(f) The petitioner 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.

AS /True Copy/ P.A. to Judge