Arun @ Chakku v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Bail Appl..No. 6896 of 2015 -------------------------------------- CRIME NO. 1225/2015 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM --------------------- /PETITIONER:7TH ACCUSED:-(PARTY IN CUSTODY):
-------------------------------------------------------------------------- ARUN @ CHAKKU, AGED 19 YEARS, S/O.AJI, CHANNANPARA VEEDU, ANAVOOR DESOM, KUNNATHUKAL VILLAGE.
BY ADV. SRI.M.SREEKUMAR RESPONDENT: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 06-11-2015, ALONG WITH BA.NO.6899/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 6th day of November, 2015 C O M M O N O R D E R Applications filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioners are the accused 7 and 11 in Crime No.1225 of 2015 of Cantonment Police Station registered for the offences punishable under Sections 143, 147, 148, 353, 332 and 333 r/w Section 149 of the Indian Penal Code and Section 39 r/w Section 121 of Kerala Police Act, seek bail.
3.
Prosecution case is that on 12.08.2015 at about 11.45 a.m., about 100 SFI activists including the petitioner formed themselves into an unlawful assembly, pelted stones to Police officers and attacked them while they were discharging their official duty.
4.
Heard both sides.
5.
Learned counsel for the petitioners submitted that both the petitioners were arrested on 12.10.2015. 6.
Learned Public Prosecutor opposed the bail application. According to her, petitioners are involved in 3
other crimes. The student unrest in Colleges causes serious problem to the law and order in many areas. Therefore, they shall not be released on bail, is the submission of the learned Public Prosecutor.
7.
Considering the nature of allegations and the fact that they are involved in other crimes, the following directions are issued:
(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) Apart from the above said two sureties, either of the parents shall be an additional surety
for the said sum whether they are solvent or not.
(d) The petitioners shall appear before the Investigating Officer on all Saturdays and Sundays between 09.00 a.m and 10.00 a.m.
for a period of three months or till the final report is filed, which ever is earlier.
(e) The petitioners shall not intimidate or attempt to influence the witnesses.
(f) The petitioners shall not in any manner interfere or meddle with the investigation.
(g) 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