Sanjay 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. 6249 of 2015 -------------------------------------- CRIME NO. 108/2015 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM -------------------------- PETITIONER(S)/1ST ACCUSED:
-------------------------------------------- SANJAY, S/O.GOPINATHAN, AGED 43 YEARS, CHILLOOS, ERATTAKULAM, ADAYAMON DESOM, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT(S)/STATE:
----------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6249 of 2015 -------------------------------------------- Dated this the 12th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.108 of 2015 of Kilimanoor Police station registered for the offences punishable under Secs.294(b), 323 and 354 read with Sec.34 of the Indian Penal Code and Sec.3(1)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Prosecution allegation is that, on 20.01.2015 at about 4.00 p.m., the petitioner along with three others assaulted the defacto complainant who belongs to a scheduled caste community.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor submitted that Final Report has already been filed in this matter. Considering the nature of allegations, bail is granted to the petitioner with the following conditions.
Bail Appl. No.6249 of 2015 2 i. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five 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 Court below on all posting dates without fail.
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
Bail Appl. No.6249 of 2015 3 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 / True Copy / NS/12/10/2015 P.A. To Judge