Rajan @ Rajappan v. The 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. 6603 of 2015 ------------------------------------- CRIME NO. 1833/2015 OF ARANMULA POLICE STATION, PATHANAMTITTA ------------------ PETITIONER/ACCUSED NO.2:
------------------------------------------ RAJAN @ RAJAPPAN, AGED 65 YEARS, S/O. SUKUMARAN, MUNJANATTU HOUSE, NARANGANAM WEST, KOZHENCHERRY, PATHANAMTHITTA.
BY ADVS.SRI.S.RAJEEV SRI.S.NIDHEESH RESPONDENT/COMPLAINANT:
------------------------------------------- THE STATE OF KERALA, 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: PJ
A.HARIPRASAD, J --------------------------------------- ---------------------------------------- Dated this the 27th day of October, 2015
ORDER
Bail application filed under Sec.439 Cr.P.C
2. The petitioner is the 4th accused in Aranmula Police Station crime No.1833/2015 under Sections 341, 323, 324, 294 (b), 308, 120(B) read with 34 IPC.
3. The prosecution case is that on 05.10.2015 at about 8.30 pm, the accused persons with the common intention, restrained the de facto complainant and attacked him.
4. Heard both the sides.
5. The learned Counsel for the petitioner submitted that even the statements in the FIS would show that the petitioner did not inflict any injury on the de facto complainant. The accusation is mainly against 1st and 2nd accused. The petitioner is the father of the 1st accused. There is a specific statement that he did not cause any injury to the de facto complainant. The petitioner was arrested on 07.10.2015.
\2
6. Considering the nature of allegations and the days of detention, the bail is granted with the following conditions.
i. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five 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 petitioner shall appear before the Investigating Officer between 09.00 a.m. and 10.00 a.m. on every Saturday until the final report is filed.
iv. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
\3 v. 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// P.A. TO JUDGE AD