Prastin 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. 6506 of 2015 () ------------------------------- CRIME NO. 876/2015 OF KATTOOR POLICE STATION, THRISSUR DISTRICT. .......
PETITIONERS/ACCUSED NOS.1 AND 2:
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1. PRASTIN, AGED 26 YEARS, S/O. PRASANNAN, ADIPARAMBIL HOUSE, VALAVANGADI DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK.
2. ARUN, AGED 20 YEARS, S/O. PAULSON, VALLOMPRAMBIL HOUSE, KUTTADAMPADAM DESOM, PADIYOOR VILLAGE, MUKUNDAPURAM TALUK.
BY ADV. SRI.C.P.UDAYABHANU.
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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:
rs.
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.6506 of 2015 -------------------------------------------- Dated this the 21st day of October 2015
O R D E R
Bail application filed under Section 439 Cr.P.C.
2. Petitioners are accused nos.1 & 2 in Crime No.876 of 2015 of Kattoor Police station registered for the offences under Secs.323, 324, 294(b), 447, 506(ii) and 308 read with Sec.149 of the Indian Penal Code. The allegation is that, they assaulted the victim with iron rod causing him serious injuries.
3. Heard both sides.
4. The victim sustained a lacerated wound near the left eyebrow. It does not appear to be a grievous hurt. The petitioners have been in custody since 24.09.2015. Having regard to the facts of the case, I am inclined to think that further detention of the petitioners is not necessary for effective investigation.
In the result, the bail application is allowed.
1) The petitioners will be released on bail on their executing a bond for Rs.50,000/- (Rupees
B.A. No.6506 of 2015 2 fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) The petitioners shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Friday for three months or till the final report is filed, whichever is earlier.
3) The petitioners shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.
4) The petitioners shall not enter the local limits of Kattoor Police station for one month. (except for complying with the direction in this order or with the previous permission of the court concerned) .
5) The petitioners shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
B.A. No.6506 of 2015 3
6) The petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
7) The petitioners shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge