Sanal @ Anil v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Bail Appl..No. 6529 of 2015 () ------------------------------- CRIME NO. 413/2015 OF BEKAL POLICE STATION,KASARAGOD DISTRICT -------------------------- PETITIONER/ACCUSED NO.4:
--------------------------------------------- SANAL @ ANIL, AGED 23 YEARS, S/O.KRISHNAN.K, ARYADUKKAM, MANGAD, KASARAGOD DISTRICT.
BY ADV. SRI.S.VISHNU (TRIPUNITHURA) RESPONDENT/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTD BY THE S.H.O. BEKAL POLICE STATION, (CRIME NO.413/15) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
----------------------------------------------- ------------------------------------------------ Dated this the 27th day of October, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the 4th accused in Crime No.413 of 2015 of Bekal Police Station registered for the offences punishable under Sections 143, 147, 148, 153, 427, 295, 341, 326 and 307 r/w Section 149 of the Indian Penal Code.
3.
Prosecution case is that on 02.06.2015 at 02.00 hours the accused disturbed prayer of members of a community by forming an unlawful assembly.
4.
Heard both sides.
5.
Learned counsel for the petitioner submitted that other accused in the same crime have been enlarged on bail as per order dated 08.07.2015 in B.A.No.3876 of 2015.
6.
Considering the facts and circumstances of the case and nature of allegations, I am inclined to grant bail to the petitioner with the following same conditions:
(a) The petitioner will be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the lower court concerned.
(b) The petitioner shall appear before the Investigating Officer between 10.00 a.m.
and 11.00 a.m. on every Wednesday for four months or till the final report is filed, whichever is earlier.
(c) The petitioner shall not intimidate or attempt to influence the witnesses, nor he shall get himself involved in any other criminal case.
(d) The petitioner shall not enter the territorial limits of Bekal Police Station still the completion of the investigation except with the previous permission of the Magistrate concerned or for complying with the direction in this order.
(e) The petitioner shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.
(f) Th petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
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.
AS /True Copy/ P.A. to Judge