Arun Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Bail Appl..No. 6750 of 2015 ---------------------------------------- CRIME NO. 1032/2015 OF NOORANAD POLICE STATION , ALAPPUZHA ------------------ PETITIONER(S)/ACCUSED 1, 4 & 5 :
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1. ARUN KUMAR, AGED 30 YEARS, S/O.SUDHAKARAN PILLAI, ARUN BHAVANAM, ULAVUKKAD, NOORANAD, ALAPPUZHA DISTRICT.
2. HARIKRISHNAN, AGED 27 YEARS, S/O.RAJAN PILLAI, HARIKRISHNABHAVAN, ERUMAKUZHI, NOORANAD, ALAPPUZHA DISTRICT.
3. ANIL KUMAR, AGED 32 YEARS, S/O.BHASKARAN UNNITHAN, PUNNAKKAKULANGARA, ULAVUKKAD, NOORANAD, ALAPPUZHA DISTRICT.
BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM) RESPONDENT(S)/STATE :
--------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6750 of 2015 ------------------------------------------------ Dated this the 29th day of October, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.1, 4 and 5 in Crime No.1032 of 2015 of Nooranad Police Station registered for offences punishable under Sections 143, 147, 148, 149, 323, 324, 341, 427 and 308 I.P.C.
3.
Prosecution case, in short, is that on 05-09-2015 at about 9.30 p.m., the accused due to political rivalry with another party members formed into an unlawful assembly armed with deadly weapons and caused grievous hurt to the defacto complainant and his friends.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
Learned counsel for the petitioners submitted that no serious injury had been sustained by the defacto complainant. That apart, in the counter case this Court had granted pre-arrest bail to the
B.A No.6750 of 2015 2 accused. Considering the nature of allegations, following directions are made :
1. Petitioners shall surrender before the investigating officer within a period of one week from today and submit themselves for interrogation. In that event, they shall be released on bail on executing a bond for Rs.50,000/- each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer. 2.
The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3 Petitioners shall appear before the Investigating Officer as and when directed.
4. Petitioners shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge