Amal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 Bail Appl..No. 6348 of 2015 -------------------------------------- CRIME NO. 2026/2015 OF CHENGANNOOR POLICE STATION, ALAPPUZHA -------------------- PETITIONER(S)/ACCUSED 2 TO 5:

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1. AMAL, AGED 19 YEARS, S/O.JOSEPH, KURATHIPARA VADAKKETHIL, ANGADICKAL SOUTH.

2. SYAMLAL, AGED 22 YEARS, S/O.THANKACHAN, KARAMON, PIRALASSERRY.

3. RAJESH RAJ, AGED 29 YEARS, S/O.RAJAN, RAJ BHAVAN, PIRALASSERRY.

4. NIDHIN K.R. @ MAKKU AGED 21 YEARS S/O.RAGHU, KANJIRAMNILKKUNNATHIL HOUSE, ANGADICKAL SOUTH.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S)/COMPLAINANTS:

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

2. SUB INSPECTOR OF POLICE, CHENGANNUR-689 121.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

------------------------- B.A. No.6348 of 2015 -------------------------------------------- Dated this the 21st day of October 2015

O R D E R

Bail application filed under Section 438 Cr.P.C.

2. Petitioners are accused nos.2 to 5 in Crime No.2026 of 2015 Chengannur Police station registered for the offences under Secs.143, 147, 148, 149, 323, 324, 452 and 427 of the Indian Penal Code. The allegation is that they trespassed into the house of the victim, assaulted him and committed mischief causing the victim a loss of Rs.15,000/- (Rupees fifteen thousand only).

3. Heard both sides.

4. The victim did not sustain any serious injuries. It appears that detention of the petitioners is not necessary for effective investigation.

In the result, the bail application is allowed.

1. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees twenty five

B.A. No.6348 of 2015 2 thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2. The petitioners shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. every alternate Friday for three months or till the final report is filed, whichever is earlier.

3. Each of the petitioners shall deposit Rs.3,000/-(Rupees three thousand only) in the Trial Court within seven days.

4. The petitioners shall not destroy or tamper with evidence.

5. The petitioners shall not intimidate or attempt to influence the witnesses.

6. The petitioners shall not get involved in any other criminal case.

7. The petitioners shall co-operate with the investigation.

In case of violation of any of the above conditions,

B.A. No.6348 of 2015 3 the learned Magistrate is empowered to cancel the bail in accordance with the law.

If the petitioners surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge