Thanzeer 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. 6673 of 2015 () ------------------------------- CRIME NO. 869/2015 OF PALLICKAL POLICE STATION , THIRUVANANTHAPURAM DISTRICT -------------- PETITIONER/ACCUSED NO.2:
--------------------------------------------- THANZEER, S/O.BADARUDHEEN,AGED 25 YEARS, THANSEER MANZIL, EETTIMOODU, THANKAKALLU, PULIYOORKONAM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/STATE AND COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101
3. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 101 BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 30th day of October, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the 2nd accused in Crime No.869 of 2015 of Pallickal Police Station registered for the offences punishable under Sections 201, 294(b), 323, 452 and 506 (i) r/w Section 34 of the Indian Penal Code and Section 3(i) (x) (xi) (xiii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 11(i) of Prevention of Cruelty of Animals Act, 1960.
3.
Prosecution case is that on 18.08.2015 at about 08.30 p.m., the accused person after trespassing into the house of the defacto complainant attacked the household and the petitioner dropped a pet dog into well attached to the house. He was arrested on 10.10.2015.
4.
Heard both sides.
5.
Learned counsel for the petitioner submitted that investigation has advanced to a considerable extent. 6.
Considering the nature of allegations and stage
of investigation, I am inclined to grant bail to the petitioner with the following conditions:
(a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.
(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
(c) The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 10.00 a.m and 11.00 a.m.
until the final report is filed.
(d) The petitioner shall not intimidate or attempt to influence the witnesses.
(e) The petitioner shall not in any manner
interfere or meddle with the investigation.
(f) The petitioner shall not, during the period of this bail get involved in any offence.
In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/- A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. to Judge