Premadas @ Jayadas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Bail Appl..No. 6869 of 2015 --------------------------------------- CRIME NO. 967/2015 OF KASABA POLICE STATION, PALAKKAD .........

PETITIONER(S)/ACCUSED TO 3:

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1. PREMADAS @ JAYADAS, AGED 26 YEARS, S/O.SREEDHARAN, THANIPPALLAM, ERATTAKULAM, PALAKKAD DISTRICT.

2. SASI, AGED 23 YEARS, S/O.MANI, THANIPPALLAM, ERATTAKULAM, PALAKKAD DISTRICT.

3. SANTHOSH, AGED 23 YEARS, S/O.CHAMIKUTTY, UPPUTHODE, ERATTAKULAM, PALAKKAD DISTRICT.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KASABA POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 4th day of November, 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.967 of 2015 of Kasaba Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 308, 427and 506(ii) r/w Section 149 of the Indian Penal Code.

3.

The incident was on 27.08.2015 at about 06.45 p.m., while the defacto complainant was talking to his friends the accused persons, as members of an unlawful assembly, due to previous enmity, armed with weapons, attacked the defacto complainant causing injuries. They intended to commit culpable homicide.

4.

Heard both sides.

5.

Learned Public Prosecutor submitted that the weapons used are iron rod and knife. Weapons have been recovered. 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 petitioners shall be released on bail on their 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 and Saturdays 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