Shibu K. 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. 6256 of 2015 () ------------------------------- CRIME NO. 716/2013 OF BEKEL POLICE STATION, KASARGOD DISTRICT --------------------- PETITIONER/ACCUSED NO.6 :
--------------------------------------------- SHIBU K., AGED 31 YEARS, S/O.KUNHIKELU NAIR, MANGAD BARE VILLAGE AND POST HOSDURG TALUK, KASARGOD DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDENT & STATE :
------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031.
(CRIME NO.716/2013 OF BAKEL POLICE STATION KASARGOD DISTRICT) BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6256 of 2015 -------------------------------------------- Dated this the 14th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the 6th accused in Crime No.716 of 2013 of Bakel Police station registered for the offences punishable under Secs.341, 302, 212 and 111 read with Sec.34 of the Indian Penal Code. Prosecution case is that on 16.09.2013 at about 7.15 p.m., due to political enmity, accused nos.1 to 3, in furtherance of their common intention to commit murder, restrained the deceased and they inflicted fatal injuries causing his death. The petitioner allegedly is an abettor in this crime. The petitioner was arrested on 16.09.2015.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor submitted that a split charge against accused nos.1 to 5 has already been filed and the matter is pending as S.C. No.326 of 2014 of the Sessions Court, Kasaragod.
Bail Appl. No.6256 of 2015 2 Considering the stage of investigation and the fact that the petitioner is in custody from 16.09.2015, bail is granted to him with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty 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 Investigating Officer for interrogation on all Sundays between 09.00 a.m. and 10.00 a.m. for a period of three months.
iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor
Bail Appl. No.6256 of 2015 3 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 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/14/10/2015 P.A. To Judge