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High Court of KeralaBail Appl./6312/2015allowed

Shiju v. State Of Kerala

2015-10-164 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Bail Appl..No. 6312 of 2015 -------------------------------------- CRIME NO. 1025/2015 OF KASABA POLICE STATION, PALAKKAD ------------------ PETITIONER(S)/ACCUSED NO.8-11:

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1. SHIJU, AGED 26 YEARS, S/O.KRISHNAN, KADUMBAPOTTA, ERATTAKKULAM, EDAPPULLY.

2. JIJEESH, AGED 25 YEARS, S/O.MANI, VELIKKARAN HOUSE, P.K.CHALLA, EDUPPUKULAM.

3. MURALI, AGED 29 YEARS, S/O.DAMODARAN, VELIKKARAN HOUSE, P.K.CHALLA, EDUPPUKULAM.

4. SUBASH, AGED 29 YEARS, S/O.SEKHARAN, SUNITHA NIVAS, CHULLIMADA, KANJIKODE.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S) & STATE:

-------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CRIME NO.1025/2015 OF KASABA POLICE STATION, PALAKKAD DISTRICT).

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ ------------------------------------------------- Dated this the 16th day of October, 2015

O R D E R

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

2.

Petitioners are accused Nos.8 to 11 in Crime No.1025 of 2015 of Kasaba Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323 and 308 r/w Section 149 of the Indian Penal Code.

3.

Accused Nos.9 to 11 were arrested on 11.09.2015 and A8 was arrested on 07.09.2015 and ever since they have been in custody.

4.

Heard.

5.

Learned Public Prosecutor has no serious objection in granting bail to the petitioners. 6.

Considering the facts and circumstances of the case, I am of the view that further detention of the petitioners is not necessary for the progress of the

investigation of the case. Therefore, I am inclined to grant bail to the petitioners.

In the result, this application stands allowed and the petitioners shall be enlarged on bail on each of them executing a bond for `30,000/- (Rupees thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-I, Palakkad and subject to the following further conditions:

(a) The petitioners shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(b) The petitioners shall report before the Investigating Officer as and when required for interrogation.

(c) The petitioners shall not intimidate or influence the witnesses or in any way tamper

with the investigation.

(d) The petitioners shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge