Sanoop 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. 6255 of 2015 () ------------------------------- CRIME NO. 1448/2015 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT ------------------ PETITIONER/4TH ACCUSED :

------------------------------------------ SANOOP AGED 33 YEARS, S/O.KRISHNANKUTTY, KOLLARA HOUSE EDAKUNNI VILLAGE, OLLUR, THRISSUR DISTRICT.

BY ADV. SRI. V. BINOY RAM RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN -682 031.

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6255 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 4th accused in Crime No.1448 of 2015 of Nedupuzha Police station registered for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 325 and 308 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 20.09.2015 at about 9.30 p.m., the petitioner along with other accused formed themselves into an unlawful assembly and attempted to commit culpable homicide of the defacto complainant.

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

4. Learned counsel for the petitioner submitted that the petitioner has not used any weapon in the incident and he remains in custody from 22.09.2015 onwards.

5. Learned Public Prosecutor submitted that

Bail Appl. No.6255 of 2015 2 there was law and order issue in connection with this incident. Therefore appropriate safeguards should be taken in case the petitioner is released on bail. Considering the state of investigation and the merit of the matter, bail is granted to the petitioner with the following conditions.

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 for interrogation on every Monday and Thursday between 10.00 a.m. and 11.00 a.m. till the final report is filed.

Bail Appl. No.6255 of 2015 3 iv. The petitioner shall not enter the local limits of Nedupuzha Police station except for complying with the directions in this order.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. 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 / True Copy / NS/12/10/2015 P.A. To Judge