Rajan @ Sivan 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. 6809 of 2015 () ------------------------------- CRIME NO. 1149/2015 OF NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT ----------- PETITIONER/ACCUSED:

-------------------------------------- RAJAN @ SIVAN, AGED 48 YEARS, S/O.APPUKUTTAN, ATTINKARA VEEDU, VALAVETTI, CHEKKAKONAM MURI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SMT.M.SANTHI SRI.G.RANJU MOHAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6809 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. Petitioner is the accused in Crime No.1149 of 2015 of Nedumangadu Police station registered for the offence punishable under Sec.326A of the Indian Penal Code. Prosecution case is that, on 24.07.2015 at about 05.30 p.m., while the defacto complainant was on her way to home the accused poured acid on the defacto complainant's face. She sustained extensive burn injuries.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner has been in custody since 12.10.2015 and he may be released on bail.

5. Learned Public Prosecutor opposed the bail application contending that the petitioner is involved in another crime. It is also submitted that the parties are hailing from the same area.

Considering the fact that investigation has

Bail Appl. No.6809 of 2015 2 advanced to a considerable extent, bail is granted to the petitioner with the following conditions.

i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) 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 petitioner shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.

Bail Appl. No.6809 of 2015 3 v. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not enter the local limits of Nedumangadu Police station except for complying with the directions in this order for a period of three months.

vii. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

viii. The petitioner 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