Abdul Rahuman v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 Bail Appl..No. 6647 of 2015 () ------------------------------- CRIME NO.1019/2015 OF VENJARAMOODU POLICE STATION,THIRUVANANTHAPURAM ---------------------------------------- PETITIONER(S)/ACCUSED 1 TO 4:
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1. ABDUL RAHUMAN, AGED 21 YEARS, S/O. ABDUL KALAM, DARSALAM KONATHVEEDU, PULLAMPARA PULLAMPARA P.O, THIRUVANANTHAPURAM.
2. AMAL B NAIR, AGED 20 YEARS S/O. BHUVANACHANDRAN NAIR, PUTHANVILAVEEDU MANGATTUMOOLA, OORUPOYIKA P.O., THIRUVANANTHAPURAM
3. ABDUL BASITH, AGED 21 YEARS S/O. ABDUL KALAM, DARSALAM KONATHVEEDU, PULLAMPARA PULLAMPARA P.O, THIRUVANANTHAPURAM.
4. ABHIMANYU, AGED 20 YEARS, S/O. VIJAYAN NAIR, SHEELA BHAVAN, KOLIYACODE P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.SAJU S.A.
RESPONDENT(S)/COMPLAINANT:
------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-11-2015, ALONG WITH BA. 6855/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
NS
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.6647 & 6855 of 2015 -------------------------------------------- Dated this the 21st day of November 2015
O R D E R
Bail applications filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 to 4 and 10 respectively in Crime No.1019 of 2015 of Venjaramoodu Police station registered for the offences punishable under Secs.143, 147, 148, 323, 324 and 308 read with Sec.149 of the Indian Penal Code and Sec.4 of the Kerala Prohibition of Ragging Act 1998. Prosecution case in short is that, on 07.09.2015 at about 10.45 a.m., the petitioners, who are students in a college, attacked a junior student and unlawfully ragged him. He was beaten up by using an iron rod causing injury on head.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioners submitted that as per order in B.A. No.6646 of 2015 dated 17.11.2015 this Court has granted pre arrest bail to some of the other accused in this case.
Bail Appl. No.6647 & 6855 of 2015 2 I have perused the wound certificate in the case diary filed. Considering the nature of allegations and the simple nature of injuries, pre arrest bail is granted to the petitioners with the following conditions.
1. The petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation.
2. In the event of arrest, the petitioners shall be released 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 investigating officer. One of the parents of each of the petitioner shall be an additional surety.
3. The petitioners shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall
Bail Appl. No.6647 & 6855 of 2015 3 they tamper with the evidence.
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/21/11/2015 P.A. To Judge