Sudheeshkumar 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. 6538 of 2015 ------------------------------- CRIME NO. 1486/2015 OF ANCHALUMMOODU POLICE STATION, KOLLAM. ........

PETITIONER(S)/ACCUSED NOS.1,2 AND 7:

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1. SUDHEESHKUMAR, AGED 32 YEARS, S/O.SASI, SUDHEESH BHAVANIL, INCHAVILACHERR, THRIKKARUVA VILLAGE, KOLLAM.

2. SUMESH, AGED 29 YEARS, S/O.SASI, SUDHEESH BHAVANIL, INCHAVILACHERR, THRIKKARUVA VILLAGE, KOLLAM.

3. SAJITHKUMAR, AGED 26 YEARS, S/O.CHANDRAN PILLAI, SATHEESHBHAVANIL, INCHAVILA CHERRI, THRIKKARUVA VILLAGE, KOLLAM. BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENT:

--------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.6538 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 & 7 in Crime No.1486 of 2015 of Anchalummoodu Police station registered for the offences under Secs.143, 147, 148, 294(b), 452, 323, 324, 354, 427 and 308 read with Sec.149 of the Indian Penal Code. The prosecution case is that, the petitioners, armed with weapons like stones, formed themselves into an unlawful assembly and assaulted the victims, eight in number, causing them injuries.

3. Heard both sides.

4. The petitioners have been in custody since 04.10.2015. No one of the victims sustained any serious injuries though, one of them sustained a lacerated wound on the head. So I am inclined to grant the prayer of the petitioners.

In the result, the bail application is allowed.

B.A. No.6538 of 2015 2

1) The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five 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 leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) The petitioners shall not destroy or

B.A. No.6538 of 2015 3 tamper with evidence nor shall they get themselves involved in any other criminal case.

6) 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