Satheeshkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6650 of 2015 () ------------------------------- CRIME NO. 1262/2015 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

.....

PETITIONER/ACCUSED NO.1:

-------------------------------------------- SATHEESHKUMAR, AGED 36 YEARS, S/O.RETNASWAMY, PERMANENTLY RESIDING AT SANKEERTHANAM VEEDU, ELANJIKKAL VILAKAM, MULLOOR DESAM, MULLOOR P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY.

RESPONDENT & STATE:

------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.1262/2015 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT).

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6650 of 2015 -------------------------------------------- Dated this the 30th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.1262 of 2015 of Vizhinjam Police station registered for the offences punishable under Secs.302, 201 and 120B read with Sec.34 of the Indian Penal Code. Prosecution case is that, the deceased, brother of the accused no.1, used to consume liquor and constantly harass the wife of the 1st accused. Due to that enmity, there was an incident which resulted in the death of brother of the accused. The incident happened on 14.08.2015 at about 11.00 p.m. It is further alleged that the body of the deceased was found later abandoned at a distant place.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner remains in custody from 20.08.2015

Bail Appl. No.6650 of 2015 2 and he may be released on bail.

5. Learned Public Prosecutor submitted that investigation has advanced to a considerable extent. Considering the nature of allegations and the fact that investigation had advanced to a considerable extent, bail is granted to him with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.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 be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

Bail Appl. No.6650 of 2015 3 iv. The petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m.

and 11.00 a.m. until final report is filed.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. 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 / NS/30/10/2015 P.A. To Judge