Anil Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Bail Appl..No. 6516 of 2015 --------------------------------------- CRIME NO. 1265/2015 OF PEROORKADA POLICE STATION , THIRUVANANTHAPURAM ----------------- PETITIONER(S)/ACCUSED :
------------------------------------------ ANIL KUMAR, AGED 35 YEARS, S/O.TITUS, RESIDING AT T.C. 62/854, BARTON HILL, VANCHIYOOR P.O, THIRUVANANTHAPURAM-695 034.
BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT(S)/STATE :
---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 032.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6516 of 2015 -------------------------------------------- Dated this the 28th 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.1265 of 2015 of Peroorkada Police station registered for the offences punishable under Secs.294(b), 394 and 451 of the Indian Penal Code. Prosecution case in short is that, on 09.08.2015 at about 21.45 hours, the petitioner robbed Rs.250/- (Rupees two hundred and fifty only) from the shirt pocket of the defacto complainant and attacked him with a beer bottle.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the accused is a handicapped person.
5. Learned Public Prosecutor submitted that charge has been filed in this matter. It is also submitted that the petitioner is involved in another offence earlier. Considering the nature of allegations and the
Bail Appl. No.6516 of 2015 2 antecedents of the petitioner, bail is granted to him with the following conditions.
i. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh 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 trial court on all posting dates without fail. v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
Bail Appl. No.6516 of 2015 3 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/28/10/2015 P.A. To Judge