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High Court of KeralaBail Appl./6512/2015allowed

Krishnakumar v. State Of Kerala

2015-10-30Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6512 of 2015 () ------------------------------- CRIME NO. 586/2015 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM ------------- PETITIONER/3RD ACCUSED :

------------------------------------------- KRISHNAKUMAR S/O. GOPI, KALLAMPOTTA VEEDU, POTTAYIL VILAVOORKKAL DESOM, VILAVOORKKAL VILLAGE TRIVANDRUM-695 571.

BY ADV. SRI.SANTHAN V. NAIR RESPONDENT/STATE :

---------------------------------- STATE OF KERALA RREPRESENTED BY THE STATION HOUSE OFFICER MALAYINKEEZHU POLICE STATION, MALAYINKEEZHU TRIVANDRUM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.

BY SR. PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6512 of 2015 -------------------------------------- Dated this the 30th day of October, 2015

ORDER

Application under Section 439 of the Code of Criminal Procedure.

2.

Third accused in Crime No.586 of 2014 of Malayinkeezhu Police Station registered for offences punishable under Sections 143, 144, 147, 148, 341, 294(b), 323, 324, 326, 427 and 307 read with Section 149 of the Indian Penal Code seek pre-arrest bail.

3.

It is the allegation of the prosecution that the accused attacked the defacto complainant with iron rod and chopper causing injuries on vital parts of the body. Petitioner was arrested on 05.10.2015. 4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the first accused in the crime was released on bail by this Court as per order on B.A.No.5584 of 2015 dated 18.09.2015.

Considering the nature of allegations and stage of investigation, I am inclined to grant bail to the petitioner with following conditions:

i.

Petitioner shall be released on bail on executing a bond

BA No.6512/2015 for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii.

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

iv.

He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioner as if no order is passed. A. HARIPRASAD, JUDGE.

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