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High Court of KeralaBail Appl./6544/2015allowed

Sreejith v. State Of Kerala

2015-10-26Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937Q Bail Appl..No. 6544 of 2015 () ------------------------------- CRIME NO. 1286/2015 OF CHIRAYINKEEZHU POLICE STATION ---------------- PETITIONERS/ACCUSED NOS.1, 2, 3 & 5 (UNDER CUSTODY) : ---------------------------------------------------------------------------------------

1. SREEJITH @ SREEKUTTAN S/O.SREEKUMAR, AGED 26, RANJU BHAVAN, MARANGATTUKONAM AZHOOR VILLAGE, THIRUVANANTHAPURAM DIST.

2. ACHU S/O.AJAYAN, KOLLANVILAKOM VEEDU, AGED 27, CHETTIYARUMUKKU, MUTTAPPALAM, AZHOOR VILLAGE, THIRUVANANTHAPURAM DIST.

3. VINEESH @ MUSTHAFA, S/O.VIJAYAN, AGED 30, VAZHAPANAYIL VEEDU, MARANGATTUKONAM, AZHOOR VILLAGE, THIRUVANANTHAPURAM DIST.

4. SAJEEV S/O.BHASI, AGED 26 VAZHAPANAYIL VEEDU, MARANGATTUKONAM AZHOOR VILLAGE, THIRUVANANTHAPURAM DIST.

BY SENIOR ADVOCATE DR.K.P.SATHEESAN BY ADVS.SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP V. NAIR RESPONDENTS/COMPLAINANTS :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. SUB INSPECTOR OF POLICE CHIRAYINKEEZHU POLICE STATION THIRUVANANTHAPURAM DIST.- 695 304.

R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6544 of 2015 -------------------------------------- Dated this the 26th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Accused 1 to 3 and 5 in Crime No.1286 of 2015 of Chirayinkeezhu Police Station registered for offences punishable under Sections 143, 147, 148, 308, 324, 326 and 341 read with section 149 of the Indian Penal Code seek bail.

3.

Allegation is that on26.09.2015 at about 10.00 p.m., the petitioner along with other accused in furtherance of their common object armed with deadly weapons, restrained the defacto complainant and attacked him causing fracture of bone and other serious injuries. It was also alleged that there was an attempt to commit culpable homicide. 4.

Heard both sides.

5.

It is submitted that the petitioners were arrested on 29.09.2015. The investigation insofar as these petitioners is concerned, has advanced to a considerable extent.

BA No.6544/2015 Considering the number of days in custody and the stage of investigation, bail is granted to the petitioners with the following conditions: i.

Petitioners shall be released on bail on each one of them executing a bond 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.

iii.

The petitioners 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.

The petitioners shall not indulge in any offence while on bail.

vi.

The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE.

//True copy// cks P.S to Judge