Anuraj J v. State

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. 6184 of 2015 ------------------------------- CRIME NO. 1477/2015 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER/ACCUSED NO.1:

------------------------------------------- ANURAJ J, AGED 26 YEARS, S/O DEVAKI, 643(4/383) KUNNINKARA VEEDU, CHENKODU, KALLIYOOR P.O, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE:

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1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (CRIME NO 1477/15 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT)

2. STATION HOUSE OFFICER, NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 020 (CRIME NO 1477/15 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) 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:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.6184 of 2015 -------------------------------------- Dated this the 14th day of October, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the first accused in Crime No.1477 of 2015 of Nemom Police Station. The offences alleged are under Sections 294(b), 323, 324, 452 read with Section 34 of the Indian Penal Code. 3.

Prosecution case is that on 28.08.2015 at 5.00p.m., the accused persons consumed alcohol sitting in front of the house of the defacto complainant. The defacto complainant requested them to abstain from the action. But the accused refused to do so and infuriated by the demand of the defacto complainant, they have abused him. They also trespassed into his house with sticks and attacked him. 4.

Heard both sides.

5.

Learned Prosecutor contended that the other accused persons were arrested and later released on bail.

Considering the nature of allegations and the proper advancement of the investigation, following directions are issued: i.

Petitioner shall surrender before the investigating officer

BA No.6184/2015 within a period of one week and submit himself for interrogation. Thereafter he shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.1477 of 2015 of Nemom Police Station. ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

Petitioner shall appear before the investigating officer as and when directed in writing and co-operate with the investigation in the matter.

iv.

He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioner as if no order is passed. A. HARIPRASAD, JUDGE.

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