Nishad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 6658 of 2015 () ------------------------------- CRIME NO. 1080/2015 OF KASABA POLICE STATION, PALAKKAD DISTRICT -------------- PETITIONERS/ACCUSED :
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1. NISHAD, AGED 28 YEARS S/O. KANAKARAJ, NISHA NIVAS, NEELIKKAD, PUDUSSERY, PALAKKADU DISTRICT.
2. MAHESH, AGED 30 YEARS, S/O. KRISHNAN, KUNNEKKADU HOUSE, PUDUSSERY, PALAKKADU DISTRICT.
3. SUDARSANAM @ APPUKUTTA, AGED 25 YEARS, S/O. ARU, KUNNEKKADU HOUSE, PUDUSSERY, PALAKKADU DISTRICT.
4. SUNU, AGED 20 YEARS, S/O. SUBRAMANIA, PAMP ROAD, PUDUSSERY PALAKKADU DISTRICT.
5. RAMESH S/O. KUNJALI, KUNNEKKADVEESU, PUDUSSERY PALAKKADU DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA SMT.RESMI THOMAS RESPONDENT/COMPLAINANT :
------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSEUCTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SM. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6658 of 2015 -------------------------------------------- Dated this the 13th day of November 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioners are accused nos.1 to 5 in Crime No.1080 of 2015 of Kasba Police station, Palakkad registered for the offences punishable under Secs.143 147, 148, 327, 324 and 308 read with Sec.149 of the Indian Penal Code. Prosecution case is that, on 20.09.2015 at about 08.00 p.m., the accused persons in furtherance of their common object formed themselves into an unlawful assembly and attacked the defacto complainant with iron rods and attempted to commit culpable homicide.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioners submitted that the petitioners have been in custody since 28.09.2015 and they may be released on bail.
5. Learned Public Prosecutor opposed the bail
Bail Appl. No.6658 of 2015 2 application contending that some of the accused are involved in other crimes. It is also contended that the clash was on account of political dispute.
Considering the nature of allegations, bail is granted 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 lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.
iv. The petitioners shall appear before
Bail Appl. No.6658 of 2015 3 the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. untill final report is filed.
v. The petitioners shall surrender their passports before the lower court concerned or if they do not have the same, file affidavits to that effect.
vi. The petitioners shall not enter the local limits of Kasba Police station, Palakkad except for complying with the directions in this order for a period of three months.
vii. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
viii. 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
Bail Appl. No.6658 of 2015 4 cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/13/11/2015 P.A. To Judge