Danish 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. 6513 of 2015 -------------------------------------- CRIME NO. 833/2015 OF MUNAMBOM POLICE STATION, ERNAKULAM .......

PETITIONER(S)/ACCUSED:

--------------------------------------- DANISH, AGED 32 YEARS, S/O CHANDRAN, VADAKEDATH HOUSE, CHERUVYPU, KUZHIPILLY, ERNAKULAM DISTRICT.

BY ADV. SRI.MANSOOR.B.H.

RESPONDENT(S)/COMPLAINANT/STATE:

---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, MUNAMBOM POLICE STATION, ERNAKULAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY SENIOR PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6513 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. Petitioner is the accused in Crime No.833 of 2015 of Munambom Police station registered for the offences punishable under Secs.341, 452, 323, 324 and 308 of the Indian Penal Code. Prosecution case is that, on 23.09.2015 at about 9.00 p.m., due to enmity towards the defacto complainant, the petitioner trespassed into the office room of the defacto complainant, wrongfully restrained him and attacked him. The petitioner was arrested on 27.09.2015.

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

4. Learned counsel for the petitioner submitted the petitioner is not involved in any other offence.

5. Learned Public Prosecutor opposed the bail application contending that the petitioner is involved in

Bail Appl. No.6513 of 2015 2 another crime also.

Considering the nature of allegations and the fact that the petitioner is in custody from 27.09.2015, bail is granted to the petitioner with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.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 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 also be relied on.

iv. The petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m.

Bail Appl. No.6513 of 2015 3 and 11.00 a.m. until final report is filed.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. The petitioner shall not involve 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