Biju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Bail Appl..No. 6881 of 2015 () ------------------------------- CRIME NO. 2442/2015 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT --------------------- PETITIONER/ACCUSED:

-------------------------------------- BIJU MANI, AGED 42 YEARS, S/O.MANI, KUNNIL VADAKKETHIL HOUSE, KANIYAMPARA, KAVIYOOR, THIRUVALLA.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S)/COMPLAINANTS:

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

2. SUB INSPECTOR OF POLICE, THIRUVALLA. PIN-689 101.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 20th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the 1st accused in Crime No.2442 of 2015 of Thiruvalla Police Station registered for the offences punishable under Sections 143, 147, 149, 451, 354, 506(i), 204(b) and 323 of the Indian Penal Code. 3.

Prosecution case is that on 04.10.2015 at about 07.00 p.m., the petitioner assaulted the defacto complainant, his wife and others.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that in the incident did not happen as stated by the prosecution. In fact, he was attacked by the defacto complainant's party. The allegation of offence under Section 354 IPC is baseless.

6.

Considering the nature of the allegations, the following directions are issued:

(a) Petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(c) The petitioner shall co-operate with the investigation of the case.

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

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner 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