Shanavas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Bail Appl..No. 6442 of 2015 () ------------------------------- CRIME NO. 2880/2015 OF KARUNAAGAPALLY POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONERS/ACCUSED 2 & 3 :
-------------------------------------------
1. SHANAVAS, AGED 32 YEARS, S/O.THAHA, MALAYIL THARAYIL VEEDU KULASHEKHARAPURAM VILLAGE, KARUNAGAPPALLY
2. ATHISAYAN @ HASHIM, AGED 25 YEARS S/O.BASHEER, KANNAMPALLYTHEKKETHIL KULASHEKHARAPURAM VILLAGE, KARUNAGAPPALLY BY ADV. SMT.V.P.SATHI RESPONDENT(S)/COMPLAINANT :
------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
A.HARIPRASAD, J.
------------------------------------------------ B.A.No.6442 of 2015 ------------------------------------------------- Dated this the 20th day of November, 2015
O R D E R
Application filed under Section 438 of the Code of Criminal Procedure.
2. The petitioners are accused Nos.2 and 3 in Crime No.2880/2015 of Karunagappally Police Station, registered under Sections 294, 308, 323, 427 read with Section 34 of the Indian Penal Code
3. The prosecution case in short is that on 27-092015 at about 08.00 p.m, that the first accused in the crime attacked the de facto complainant with an iron rod and other accused fisted and stamped him causing injuries.
4. Heard both sides.
5. On perusal of the case diary it is seen that the allegations are predominantly against the first accused. I do not find any need for custodial interrogation of the petitioners. Hence the following directions: (a) Petitioner shall surrender before the
B.A.No.6442 of 2015 -:3:- Investigating Officer within a period of 'two weeks' from today and submit herself for interrogation. Thereafter, she shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties each 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) Petitioner shall not, during the period of this bail get involved in any offence.
In case any of the above conditions is violated, bail
B.A.No.6442 of 2015 -:3:- granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/- A.HARIPRASAD, JUDGE.
AVS // TRUE COPY// PA. TO JUDGE