Neeraj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Bail Appl..No. 6182 of 2015 ------------------------------- CRIME NO. 962/2015 OF MATHILAKOM POLICE STATION, THRISSUR DISTRICT. ..........

PETITIONER/ACCUSED:

----------------------------------- NEERAJ, AGED 22 YEARS, S/O. MOHANAN, KODILINGAL HOUSE, MATHILAKAM, KOODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH RESPONDENT/STATE:

-------------------------------- THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 14th day of October, 2015

O R D E R

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

2.

Petitioner is the accused in Crime No.962 of 2015 of Mathilakam Police Station registered for the offences punishable under Sections 452, 427, 436, 153 and 120(b) r/w Section 34 of the Indian Penal Code. 3.

Prosecution allegation against the petitioner is that on 01.05.2015 at about 1.45 a.m., the accused persons due to enmity towards the brother-in-law of the defacto complainant trespassed into his house and set fire to the motorcycle kept in the car porch. A portion of the house was also set fire causing a loss of `1,25,000/-. 4.

Heard both sides.

5.

Learned Public Prosecutor submitted that the dispute arouse out of a political rivalry. Petitioner remains in custody from 03.09.2015. Investigation has advanced to a considerable extent.

6.

Considering the facts and circumstances of the case and stage of investigation, I am inclined to grant bail to the petitioner with the following conditions: (a) The petitioner shall be released on bail on his 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 enter the local limits of Mathilakam Police Station for a period of

three months except for the purpose of reporting to the Investigating Officer or attending the court.

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

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

(g) 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