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High Court of KeralaBail Appl./6290/2015allowed

Chandran v. State Of Kerala

2015-10-29Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Bail Appl..No. 6290 of 2015 --------------------------------------- CRIME NO. 916/2015 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM ......

PETITIONER(S)/SUSPECTED:

------------------------------------------ CHANDRAN, AGED 42 YEARS, RESIDING AT "SHIVAM", VENNIKODE P.O., PANAYIL KADAVU, VARKALA, THIRUVANANTHAPUAM BY ADV. SRI.P.HARIDAS RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

2. SUB INSPECTOR OF POLICE, AYIROOR BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 29th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.916 of 2015 of Ayiroor Police Station registered for the offences punishable under Sections 341, 367 and 334 of the Indian Penal Code.

3.

Prosecution case is that on 16.09.2015 at about 11.00 a.m., unknown persons came in a car, intercepted the car driven by the husband of the defacto complainant and abducted him and also took away the car.

4.

Heard both sides.

5.

Learned counsel for the petitioner contended that there was a monitory dispute between the first accused and husband of the defacto complainant. According to the petitioner, he had gone underground by himself.

6.

Learned Public Prosecutor opposed the bail application contending that the petitioner is the kingpin in

the drama of kidnapping, enacted by some other accused persons. He was assaulted also is the other contention. 7.

Considering the nature of allegations, I am inclined to grant bail to the petitioner with the following strict conditions:

(a) Petitioner shall surrender before the Investigating Officer within a period of 'one week' from today and submit himself for interrogation. Thereafter, he shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c) The petitioner shall co-operate with the investigation of the case.

(d) The petitioner shall not intimidate or

attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge