Gangadharan P.V. @ Gangan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 6163 of 2015 () ------------------------------- AGAINST THE ORDER IN CMP 5767/2015 of J.M.F.C.,PAYYANNUR DATED 10-09-2015 CRIME NO. 1196/2015 OF PAYYANNUR POLICE STATION , KANNUR PETITIONER/ACCUSED:

---------------------------------- GANGADHARAN P.V. @ GANGAN AGED 37 YEARS S/O KANNAN, PALIYERI VEEDU, KUNIYAN KARIVELLUR AMSOM, KANNUR DISTRICT.

BY ADV. SRI.I.V.PRAMOD RESPONDENT/COMPLAINANT/STATE:

------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. R BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV

A.HARIPRASAD, J.

------------------------------ B.A.No.6163 of 2015 ------------------------------ Dated this the 8th day of October, 2015

O R D E R

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

2. The petitioner is the accused in Crime No.1196 of 2015 of Payyannur Police Station registered under Sections 452, 326 and 307 of IPC.

3. The prosecution case in short is that, the accused owed money to the defacto complainant. He demanded money in public, which infuriated the accused. Suddenly, the accused drew out a dragger and attacked the defacto complainant on 28.08.2015 at about 4.30 p.m.

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

5. The learned counsel for the petitioner submitted that, the petitioner is a renal patient and he could not return the worth of articles purchased from the defacto complainant. In connection with that, there was scuffle. He pleaded innocence.

6. Considering the stage of investigation and the materials in the case diary, I deem it fit to grant bail to the petitioner with the following conditions :

i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty

B.A.No.6163 of 2015 thousand only) 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 petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on all Mondays and Thursdays of every calender month until the final report is filed. iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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

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 AV /True Copy/ P.A to Judge