Shaghil K.J v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 Bail Appl..No. 6191 of 2015 ------------------------------- ORDER IN CRMC 1935/2015 OF THE SESSIONS COURT,THRISSUR CRIME NO. 1770/2015 OF PAVARATTY POLICE STATION , TRISSUR PETITIONER(S)/PETITIONERS:
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1. SHAGHIL K.J. AGED 23 YEARS DEGREE STUDENT, S/O. JAYAN, KARUMATHIL HOUSE KAKKASSERY P.O., THRISSUR DISTRICT.
2. KRISHNAPRANAV @ MUTHU, AGED 22 YEARS STUDENT, S/O. SHIBU N.R., NEDIYEDATH HOUSE KAKKASSERY P.O., THRISSUR DISTRICT.
BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, AT ERNAKULAM, PIN-682031.
2. SUB INSPECTOR OF POLICE PAVARATY POLICE STATION, PAVARATY P.O.
THRISSUR DISTRICT, PIN-680507.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 6191 of 2015 APPENDIX ANNEXURES A1COPY OF CRIME NO.1770 OF 2015 OF PAVARTY POLICE STATION A2COPY OF ORDER DATED 15.9.2015 IN CRL.M.C.1935 OF 2015 //True copy// P.S. To Judge
RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - B.A.6191 of 2015 - - - - - - - - - - - - - - - - Dated 19th October, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.This petition is filed u/s 438 of the Code of Criminal Procedure.
2.Petitioners are respectively accused Nos.2 and 1 in crime No.1770 of 2015 of Pavaraty police station, Thrissur. The said crime has been registered alleging offence punishable u/s 341, 324, 427 and 308 r/w S.34 of the IPC.
3.The allegation is that on 30.8.2015 at 8.00 p.m, the petitioners, along with the other accused, sprinkled chilly powder on the face of the de facto complainant and attacked him by using iron pipe and sticks. 4.I have heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
B.A.6191/15 5.It is submitted by the leaned counsel for the petitioners that this Court, as per order dated 1.10.2015 in B.A.5842 of 2015 had granted bail to the 4th accused, against whom also similar allegations are raised. 6.After having considered the rival submissions, I am of the considered view that relief of anticipatory bail can be granted to the petitioners on the following conditions:- (i). Petitioners shall surrender before the Investigation Officer within a period of one week and submit themselves for interrogation. Thereafter they shall execute a bond for Rs.25,000/- (Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
In that event, they shall be released on bail in crime No.1770 of 2015 of Pavaraty police station.
(ii). The sureties shall produce
B.A.6191/15 documents to establish their identity and solvency.
(iii). Petitioners shall appear before the Investigating Officer as and when directed in writing and co-operate with the investigation in the matter.
(iv). Petitioners 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 petitioners as if no order is passed.
The Bail application is allowed as above.
Sd/- RAJA VIJAYARAGHAVAN.V.
Judge Mrcs //True copy// P.S. To Judge