Vishnu 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. 6629 of 2015 () ------------------------------- CRIME NO. 1034/2015 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ------------------- PETITIONERS/ACCUSED 1 AND 2 :
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1. VISHNU AGED 20 YEARS, S/O. RADHAKRISHNAN, AMBADI VEEDU, THERIVILA, MUDAVOORPPARA, PALLICHAL DESOM, PALLICHAL VILLAGE THIRUVANANTHAPURAM.
2. AMBU AGED 18 YEARS S/O. RADHAKRISHNAN, AMBADI VEEDU, THERIVILA MUDAVOORPPARA, PALLICHAL DESOM, PALLICHAL VILLAGE THIRUVANANTHAPURAM.
BY ADV. SRI.MANU V.
RESPONDENTS/COMPLAINANT/STATE AND THE INVESTIGATING OFFICER : --------------------------------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE BALARAMAPURAM POLICE STATION, BALARAMAPURAM THIRUVANANTHAPURAM-695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6629 of 2015 -------------------------------------------- Dated this the 27th day of October 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.1034 of 2015 of Balaramapuram Police station registered for the offences punishable under Secs.294(b), 341, 324 and 307 read with Sec.34 of the Indian Penal Code. Prosecution case is that, on 24.09.2015 at about 7.30 p.m., the petitioners wrongfully restrained the defacto complainant, uttered obscene words and attacked him with chopper and iron rod causing serious injuries to him.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioners submitted that the petitioners are youngsters without any blemish in the character and are not involved in any other offence.
5. Learned Public Prosecutor submitted that
Bail Appl. No.6629 of 2015 2 investigation has advanced to a considerable extent. Considering the nature of allegation and the fact that investigation has advanced to a considerable extent, I am inclined to grant bail to the petitioners with the following conditions.
i. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each 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 petitioners shall appear before the Investigating Officer for interrogation on all Saturdays between 10.00 a.m. and 11.00 a.m.
till the final report is filed.
iv. The petitioners shall not intimidate or
Bail Appl. No.6629 of 2015 3 attempt to influence the witnesses, nor shall they tamper with the evidence.
v. The petitioners 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/27/10/2015 P.A. To Judge