Jishnu @ Kannan v. State Of Kerala

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. 6376 of 2015 () ------------------------------- CRIME NO. 579/2015 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT ------------------- PETITIONERS/ACCUSED 1 TO 6 :

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1. JISHNU @ KANNAN, S/O.CHANDRASHEKHARAN, AGED 21 YEARS, PULAKANTIL HOUSE VADANAMKURISSI, SHORNUR, PALAKKAD.

2. MOHAN RAJ, S/O.RAMAKRISHNAN, AGED 27 YEARS MELEPURATH VEEDU, VADANAMKURISSI SHORNUR, PALAKKAD.

3. KRISHNADAS @ SABI, AGED 28 YEARS S/O.SREEDHARAN, KORIPOTTIL HOUSE, VADANAMKURISSI SHORNUR, PALAKKAD.

4. SURESH, AGED 26 YEARS S/O.SURYAN, NERAVATHU HOUSE, VADANAMKURISSI SHORNUR, PALAKKAD.

5. AJEESH @ AJI, AGED 29 YEARS S/O.MOHANDAS, MULANJOORTHODI HOUSE, VADANAMKURISSI SHORNUR, PALAKKAD.

6. SATHYARAJ, AGED 30 YEARS S/O.RAMAKRISHNAN, MELEPURATH HOUSE, VADANAMKURISSI SHORNUR, PALAKKAD.

BY ADVS.SRI.P.P.THAJUDEEN SRI.MANSOOR B.H.

RESPONDENT/COMPLAINANT/STATE :

---------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM THROUGH STATION HOUSE OFFICER SHORNUR POLICE STATION, PALAKKAD DISTRICT.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6376 of 2015 -------------------------------------------- Dated this the 29th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioners are accused nos.1 to 6 in Crime No.579 of 2015 of Shornur Police station registered for the offences punishable under Secs.143, 147, 148, 341, 323, 294(b) and 307 read with Sec.149 of the Indian Penal Code. Prosecution case is that, on 13.09.2015 at about 9.45 p.m., the accused persons, in furtherance of their common object, formed themselves into an unlawful assembly, armed with deadly weapons like iron rod, pipe winch etc. attacked the defacto complainant's brother. The victim sustained very grave injuries in the incident.

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

4. Learned Public Prosecutor opposed the bail application contending that the injuries sustained by the victim are grave. He could not even depose due to the severe injuries sustained by him in the attack.

Bail Appl. No.6376 of 2015 2

5. Learned counsel for the petitioner submitted that the petitioners 1 to 3 were arrested on 15.09.2015 and petitioners 4 to 6 were arrested on 17.09.2015 and they may be granted bail.

Considering the nature of allegations and the period of detention of the petitioners, bail is granted to them with the following conditions.

i. The petitioners shall be released on bail on their executing a bond for Rs.1,00,000/- (Rupees one lakh only) each 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 lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can

Bail Appl. No.6376 of 2015 3 also be relied on.

iv. The petitioners shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.

v. The petitioners shall surrender their passports before the lower court concerned or if they do not have the same, file affidavits to that effect.

vi. The petitioners shall not enter the local limits of Shornur Police station except for complying with the directions in the bail order and also for casting votes in the ensuing Panchayath election.

vii. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

viii. The petitioners shall not involve

Bail Appl. No.6376 of 2015 4 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/29/10/2015 P.A. To Judge