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High Court of KeralaBail Appl./6745/2015allowed

Sudheesh v. State Of Kerala

2015-10-28Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Bail Appl..No. 6745 of 2015 () ------------------------------- CRIME NO. 23/2015 OF MANGALAPURAM POLICE STATION, TRIVANDRUM DISTRICT ------------------ PETITIONERS/2, 3 & 4 ACCUSED :

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1. SUDHEESH, AGED 26 YEARS S/O. SURESH, CHIRAYIL VEEDU MUNDAKKAL MURUKKUMPUZHA VELLOR VILLAGE THIRUVANANTHAPURAM.

2. SUJITH, AGED 25 YEARS S/O. SURESH, CHIRAYIL VEEDU, MUNDAKKAL MURUKKUMPUZHA VELLOR VILLAGE, THIRUVANANTHAPURAM.

3. MANEESH, AGED 24 YEARS S/O. MAHESWARAN, CHIRAYIL VEEDU, MUNDAKKAL MURUKKUMPUZHA, VELLOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENTS/STATE/COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. THE SUB INSPECTOR OF POLICE MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM - 695 001 R1 & R2 BY SR. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 28th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are the accused in Crime No.23 of 2015 of Mangalapuram Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 341, 427 and 506(ii) r/w Section 149 of the Indian Penal Code.

3.

Prosecution case is that the petitioners and other accused formed themselves into an unlawful assembly armed with deadly weapons on 07.01.2015 and attacked the defacto complainant causing injuries. 4.

Heard both sides.

5.

Leaned Public Prosecutor submitted that the petitioners were arrested on 05.10.2015. The investigation has advanced to a considerable extent. 6.

Considering the facts and circumstances of the case and the state of investigation, I am inclined to grant

bail to the petitioners with the following conditions: (a) The petitioners shall be released on bail on executing a bond for `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.

(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 petitioners shall appear before the Investigating Officer on all Mondays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner

interfere or meddle with the investigation.

(f) The petitioners 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