Akash 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. 6789 of 2015 ------------------------------------- CRIME NO. 1235/2015 OF IRITTY POLICE STATION, KANNUR ----------------- PETITIONER(S)/ACCUSED:
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1. AKASH, AGED 21 YEARS, S/O.RAVEENDRAN, VANHERI HOUSE, THILLANKERI AMSOM, VANHERI, KAVUMPADI.
2. P.K.ANOOP, AGED 24 YEARS, S/O.ASHOKAN, PRAYAGA, THILANKERI AMSOM, KANJIRANGAD, KANNUR DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/COMPLAINANT AND STATE:
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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE STATION HOUSE OFFICER, IRITTY POLICE STATION, KANNUR DISTRICT-670 502. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6789 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 and 2 in Crime No.1235 of 2015 of Iritty Police station, registered for the offences punishable under Secs.447 and 427 of the Indian Penal Code and Secs.3 and 5 of the Explosive Substance Act. Prosecution case is that, on 14.09.2015, the accused persons trespassed into the compound of the defacto complainant and hurled bombs.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioners submitted that the petitioners are in custody from 22.09.2015 onwards and they may be released on bail.
5. Learned Public Prosecutor opposed the bail application contending that the 1st petitioner is involved in three other crimes and the 2nd petitioner is not involved in any other case.
It appears that the clash was on account of
Bail Appl. No.6789 of 2015 2 political difference of opinion. 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 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.
Bail Appl. No.6789 of 2015 3 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 Iritty Police station 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 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